Change Mandatory Minimum Laws (841, 924(e))

[NOTE: The opinions and views presented herein are expressly of the individuals who have written the letters. Access Legal Aide Inc. will not be held responsible for any controversial or inappropriate matter posted by the public. Access Legal Aide Inc. does not authenticate or endorse any matter presented in these letters.]

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GARY RHINES (10496067)
2/20/2012 7:48:29 AM
TO CONGRESS/ MANDATORY MINIMUM

 

BECAUSE THERE IS A DISPARITY WITH THE MANDATORY MINIMUM SENTENCING AND THERE IS NO BALANCE TO THE WAY BLACK MALES ARE SENTENCE AS TO WHITE MALES I ASK CAN YOU REPEAL THE MANDATORY MINIMUM LAWS TO 21 USC 841 AND 18 USC 924[e] and[c].

Thank you very much

GARY RHINES
USP CANAAN
U.S. PENITENTIARY
P.O. BOX 300
WAYMART, PA  18472

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CHRISTOPHER LARONN BROWN (22139057)
2/22/2012 9:48:22 AM
TITLE 18 922(G) & 924(E)

MY NAME IS CHRISTOPHER L. BROWN, I WAS TRIED AND CONVICTED IN THE MIDDLE DISTRICT OF NORTH CAROLINA,IN THE DISTRCT COURT IN GREENSBORO,NC IN FRONT OF THE “HONORABLE” JUDGE BULLOCK JR.; MY CASE NUMBER IS 1:04 CR 95-1. IN ORDER TO GET CONVICTED OF SUCH A CRIME THE DEFENDANT MUST HAVE A PRIOR CONVICTION THAT EXCEEDED ONE YEAR IMPRISONMENT,AND THIS IS WHAT WAS WRITTEN BY CONGRESS. THE PRIOR CONVICTION THEY USED IN MY INDICTMENT WAS A CONVICTION FOR A 6 TO 8 MONTH PROBATION SENTENCE THAT WAS SUSPENDID FOR 36 MONTHS WITH A $200.00 FINE & A $85.00 COURT COST.I OBJECTED TO THIS DURING A PRE TRIAL CONFERENCE, I FILED A PRO-SE MOTION TO DISMISS THE INDICTMENT FOR THIS REASON AND I OBJECTED DURING SENTENCING. ACCORDING TO WHAT WAS WRITTEN BY CONGRESS AND ACCORDING TO UNITED STATES v. SIMMONS,649 F.3d 237 (4TH CIR.2011) I HAVE BEEN ILLEGALLY DETAINED AND AT THIS MOMENT I CONTINUE TO SERVE AN ILLEGAL SENTENCE AND I AM NOT THE ONLY PERSON HERE UNDER THIS CRUEL AND UNUSAL PUNISHMENT AND THE PUBLIC , CONGRESS, THE PRESIDENT OF THE UNITED STATES NEEDS TO HEAR THIS CRY FOR JUSTICE BECAUSE THIS IS NOT WHAT THE FRAMERS OF THE CONSTITUTION INTENDID.

       THANK  YOU.

CHRISTOPHER LARONN BROWN
FCI ESTILL
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 699
ESTILL, SC  29918

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GARY J ANDERSON (26703038)
2/22/2012 7:03:21 PM
Change Mandatory Minimum Laws

 I was sentenced to 20 yr’s. A mandatory minimum sentence, for possesion and intent to distribute a controlled substance.

    I had never spent a day in prison prior.

    The judge said he could sentence me to more time, but 20 yr’s was the minimum he could give me.

    Judges can not judge a case when mandatory minimums are involved.

    I graduated from culinary school in 1994. I was not only supporting a drug habit I had developed, I was working as a chef as well.

    I was 40 yr’s old when I was arrested. I will be 57 yr’s old, and starting my life over, when I have served 20 yr’s (including ‘good time’).

   In the five years I have been locked up, I have been taking classes, exercising and trying to better myself.

   Although controlled substances are available in prison, it has been a decission I have made for myself NOT to partake in them.

   Their is no rehabilitation in prison. It is up to an individual as to weather or not he want’s to make better decisions with his life.

   I hope and pray that mandatory minimum laws will be reformed, so my sentence can be reduced.

   One third of your adult life is an excessive amount of time to serve for a non-violent drug offence.

   Please, change these mandatory minimum laws.

 

Thank you.

GARY J ANDERSON
FCI FORT DIX
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 2000
FORT DIX, NJ  08640

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CARROLL GARDNER (49644018)
2/23/2012 10:46:26 PM
Change Man. Min. Laws, Repeal 924(c), 33%, Parole

Hello,

I was 64 years old when I was indicted for a small amount of drugs. I was sentenced to a mandatory minimum sentence of ten years in prison, plus eight years of supervised release.

I have a lot of medical problems that come with age: I wear a back brace; I am epileptic; I have a large hernia in my abdomen; I frequently suffer from swelling in the legs and feet; I have high blood pressure; and, lastly, I have bad arthritis. I take medication for each of these ailments.

I think I deserve 33% good time because I am a model prisoner, I am an older man, and I have many medical problems. I feel I should be at home where my family can take care of me.

I also think that parole should be reinstated because too much prison time is given in the federal system.

I pray this gives you a good idea of what a man in my condition and situation must endure in order to survive in prison. Thank you for your time.

Truly yours,

CARROLL JOHN GARDNER
FCI COLEMAN LOW
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 1031
COLEMAN, FL 33521

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JERMAINE LEMART MILLER (20788045)
24 -03-12
RE: Your Letters delivered to Members of Congress

I believe congress should change mandatory minimums because of the harsh sentencing it has in its guidelines. It only affects the black and Hispanic communities we have suffered long enough for quite some time now. I also strongly urge that it please have something done by July! For example I received 120 months for 63 grams of crack when the guidelines place me under a level 24. It’s about time for a change!

JERMAINE LEMART MILLER
FCI OAKDALE
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 5000
OAKDALE, LA 71463

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ROBERT EVANS (05360070)
2/27/2012
Hello:Mandatory Minimums

Dear members of congress,

                   My name is Robert Evans & I’m currently serving a federal sentence here in Otis ville FCI in New York for crack cocaine. The fair sentencing act was retroactive to the new crack weight by the sentence commission too the guidelines “only”…    There’s a bill in front of congress right now, HR 2316 which will retroactive the “mandatory minimums” too the new crack weight, which will effect mines & many others “mandatory minimums” too lower our times. i would think it would be very unfair to have defendants coming in here for the same 123 grams of crack in which i got charged with getting a 5 yr. mandatory minimum & I’m serving a 10 yr. one because i got sentenced before the law changed the weight & only the guidelines were made retro. That’s very unfair, unjust & is a sentence disparity in its finest. I would really hope & pray that you’d, the members of congress pass the HR 2316 bill very soon so myself & others will be able to reap the same benefits as other crack cocaine cases in our same situation are getting so we could get home to our families & loved ones a lot sooner.

   Thank you for taking the time to read this letter & I hope to hear something soon on the HR 2316 bill.

Yours truly,

 ROBERT EVANS
FCI OTISVILLE
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 1000
OTISVILLE, NY  10963

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RAMONE STEPHON JONES (37922037)
2/28/2012
Change mandatory minimum laws

In the name of allah , on July 31st 2003 I was indicted on drug conspiracy charges and gun charges and money laundering . However I was found guilty by a jury. Do to me having a prior drug conviction in 1997, which i was sentence to 3yrs probation and ones year house arrest. The federal government filed 851 enhancement papers against me, which had my sentence start from a mandatory minimum 20 years. conspiracy start from 10 to life but do to my prior conviction and the mandatory minimum of 20 yrs to life due to my  prior 1997 drug conviction , I was sentence to 25 years for the conspiracy and 5 years consecutive for 924c gun charges . I feel very optimistic that if the mandatory minimum was lifted off my sentence , I could have been sentence to 15 to 20 years for the conspiracy and 5 years for the 924c charges .( criminal  no. aw-03-0321 )

RAMONE STEPHON JONES
FCI EDGEFIELD
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 725
EDGEFIELD, SC  29824

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TIMOTHY FISCHLER (22381018)
2/28/2012
Change mandatory minimums; title 18 USCS 924 (e)

Dear congress

   This specific mandatory minimum is the law that sent me away for 235 months…..I was simply caught sitting next to where a gun was found and I was convicted of what is called constructive possession….. I did not rob someone with this gun, I did not brandish this gun, I was not caught with drugs and this gun; I was just sitting there and the gun was canceled in a purse that ended up being searched….

     the problem with this sentence is that the point of the sentence is to teach me a lesson… well I learned this lesson years ago…now the tax payers of this country are spending massive amounts of money every year to keep me incarcerated…. I understand the point…. I get it…. I will never be back in this situation again….. I learned this years ago…

      the family that I had when I was arrested has disappeared, my common law wife has passed away and my two step daughters grew up without me to assist in their growth, my son has grown up without a father, and my mother has suffered through this entire sentence with me…. these are the consequences of these long sentences meted out by mandatory minimums…. they are entirely to long…

      I have meet guys in this system who received 20-25 years under the guidelines for possession of a bullet??? is that what congress intended when they wrote these mandatory minimums into the sentencing structure??? i have been asking this question to myself for years……   

                                                               Thank you for your time….


TIMOTHY DEXTER FISCHLER
FCI FORT DIX
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 2000
FORT DIX, NJ  08640

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SHAWN BERNARD RODGERS (09902003)
2/27/2012
Change mandatory minimum law 21 USC 841

I’m writing to ask for a change to the mandatory minimum law 21 USC 841. I think it is unfair and congress pass a bill with intentions to help all crack cases offences. I really hope that someone will work to get that straighten out as soon as possible.

Thank you,

SHAWN BERNARD RODGERS
FCI JESUP
FEDERAL CORRECTIONAL INSTITUTION
2680 301 SOUTH
JESUP, GA  31599

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WILLIAM GRAYSON (07195068)
3/1/2012  7:48:35 AM
Change Mandatory Minimum Laws 924(e)

Since August 15, 2001, I have been in prison for a weapon which was owned solely by my wife.  I was sentenced to a 180-month “MANDATORY” sentence as the result of my wife’s weapon.  While investigators found a video of me holding a weapon; the weapon in the video is clearly not the same weapon which was seized from our residence.

   As a juvenile (when I was 17) I’d took some robberies for my younger cousin who had a rather lengthy record, and would have been sent away for quite some time if he were to answer the charges.  I was certified as an adult for the crimes which my cousin committed.  I did the 2-1/2 to 5 years for the crimes never revealing the truth. 

   However, when I was indicted by the Federales in 2001, I would face the penalty of a Mandtory Sentence because of the crimes which were committed as a juvenile.  And, although the crimes (six robberies in total) were pled guilty to and sentenced all at the same time, and there were no other intervening arrests; I would still face a 15-year “MANDATORY” sentece because the Federales broke up each case making each robbery sount as one conviction.  Thus, I was considered as an “ARMED CAREER CRIMINAL”, because the robberies did not take place at the same time.

   This is a very complex issue to me because up until that point in my life, I’d always thought a “CAREER OFFENDER” to be someone who had committed a crime, got released, commtited another crime, got released, committed another crime (so-on and so-on); or an “ARMED CAREER CRIMINAL” to be someone who had actually/physically used a weapon during the commission of a crime.  It hurt both my Family and I to know that I would be thrown into the same category as the roughest, most hardened criminals in the world because of a mere technicality.

   Sometime in 2007, the law was changed pertaining to the intervening arrest(s).  It stated that if a person didn’t have the three intervening arrests that there could be no trigger of the 924(e) statute “ARMED CAREER CRIMINAL”.  However, it did not apply to those serving a “MANDATORY SENTENCE”.  My question therefore, is what good is the ammendment if it does not affect those individuals which it was originally designed for???  There would be no need for such a change due to the fact that the people without any intervening arrests are the the ones serving the “MANDATORY MINIMUMS”, they coexist with each other, meaning that you can’t have one without the other.

   I am appealing to this Nations leaders (Congress and the Senate) to change and/or repeal the laws and rules governing the 924(e) statute.  I have watched my children grow from infants to near-adults for something which should have never been considered for such a lenthy sentence.

   I am grateful for the Team Members at Appeal Help for providing this service free of charge and recognizing that we too (those behind fences and walls) have a voice, and thus should have a say in the matter.  “Thank You.”

Sincerely,

WILLIAM GRAYSON
FCI GILMER
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 6000
GLENVILLE, WV  26351

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JEFFREY MATTHEW JEANETTA (90324071)
3/1/2012  10:50:24 AM
Change Mandatory Minimum Laws/Reestablish Parole

I was a drug user/addict when someone got themselves in trouble and to get lesser time they told the police that I was a “large scale drug trafficker” so the police raided my house and found 2.7 grams of drugs (a user’s amount) I pled guilty to that and got 6 months but the government charged me with conspiracy to distribute 18 pounds of drugs. I wouldn’t plead guilty to a mandatory 10 year sentence so the prosecutor stacked charges, broke and bent the rules to get a conviction and now I am in federal prison with 2 life sentences plus 30 years. I know that I have strong appellate issues that are being ignored because I am not a lawyer or the means to hire one. If there was a parole board maybe they would see that I am no danger to society.

Thank you for your time

JEFFREY MATTHEW JEANETTA
USP TERRE HAUTE
U.S. PENITENTIARY
P.O. BOX 33
TERRE HAUTE, IN  47808

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HASSAN HAWKINS (96935071)
3/1/2012 9:18:34 PM
Change Mandatory Minimum Laws

To Whom It May Concern:

       My name is Hasson T. Hawkins.  I am serving a 30 year sentence for one (1) count of Conspiracy to Distribute Cocaine/Crack cocaine.  My conviction occurred by a verdict on circumstantial evidence.  It is mandatory that I complete 85% of my sentence — 26 years, 9 months — before I will be released.  At that point, I will be placed on five (5) years of supervised release.  So far, I’ve been incarcerated for 11 1/2 years.

           I would like to offer an overview on Mandatory Sentencing and how it has affected me.  In a study conducted by the Justice Department in 1994, one third of all Federal prisoners incarcerated under mandatory laws were considered low level offenders.  In Michigan, which probably has the harshest mandatory sentencing involving drug convictions, it is not unusual to find prisoners serving ten (10) years for a murder sentence; but LIFE in prison without the possibility of parole for a non-violent drug conviction.

         Furthermore, there has been no indication that mandatory sentencing has had a deterrent effect on drug arrests, trafficking, or use.  The adoption of “Truth in Sentencing” practices require prisoners to serve in most instances at least 85% of their sentences allowing no more that 15% time off for “good time”.  Another major factor for the “explosion of the prison population” involves this country’s obsession with the drug crisis.  The concern about drug abuse and drug related crimes and issues have led to a highly successful political campaign, dubbed “The War Against Drugs”.

          A trend that has caused great consternation among many people of color has been the disparity in sentencing regarding cocaine.  In the past, longer sentences have been given for drug offenses involving crack cocaine and powder cocaine.  Due to the fact that crack cocaine is used more often than powder cocaine, African American drug defendants are more often likely to be serving longer sentences for drug crimes.  When the mandatory minimum sentence applies, the judge is “forced” to follow the sentencing guidelines without going below that minimum, regardless of the facts or circumstances of the defendant and the defense.

           The impact made by “mandatory minimums” has been shown to come with billions of tax dollars in direct cost to the taxpayers.  In the five (5) year period from 1987 to 1992 in which the mandatory minimum was fully implemented, Federal Correction spending increased by 26%.  Between 1987 and 2007 Federal Correction, spending increased 550%.  In 2007, American taxpayers spent over 5.4 billion dollars on federal prisoners alone.

             As I have already stated, I have been incarcerated now for over 11 1/2 years and I would like to shed some light on some of my accomplishments I’ve made so far during this time.  I have not had any incident/disciplinary reports.  I have acquired my GED and College degrees since my incarceration; a Bachelors degree in Religious Studies with a 3.7 GPA from Nations University, sixty (60) credits towards my Associates degree in Business Administration and a Retail Sales Certificate with a 3.6 GPA at Cumberland County College of New Jersey; Computer Applications from Century College.  I am a certified Quality Control Technician by the Federal and State Department of Labor, a certified ISO Internal Auditor as well as a becoming a certified J-Standard solderer.  I’ve also participated in an exceptional amount of “Rehabilitation classes” consisting of Educational and religious studies; over 130 “ACE” and correspondence courses/classes. Currently I am enrolled in a Masters Degree program for Christan Counseling.

         My question is:  Does a person, who has been convicted in a criminal justice system (that is unjust toward minorities) deserve a chance to “get some relief” after displaying extraordinary efforts at rehabilitation and taking the initiative to help others to make a positive change in their lives and character?

              As GOD is my witness, I truly pray that through “this presentation”, HE will touch someone who is in a position to assist me in every way.

My greatest Sincerity and humble

Thanks,

HASSAN HAWKINS
FCI OAKDALE
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 5000
OAKDALE, LA  71463

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RAMON A PANIAGUA (15073014)
3/3/2012 9:33:47 AM
Ramon A. Paniagua against minimum mandatory.

Which whom it my concern:                    

Case, No. 02-60033-01

 On May 14, 2003. a federal gran Jury returned a six – counts superseding indictment against me. In count one I was charged with conspiracy to distribute cocaine hydrochloride. In count Two, I was charged with possession of cocaine with intent to distribute. In count Four, I was charged with use of a firearm in relation to a drug trafficking crime. On January 19, 2005, pursuant to a written plea agreement, I Pleaded guilty to counts One, Two, and Four. Rec. Doc.( 169, 170).

     I was subsequently sentenced to 168 months imprisonment as to Counts One and Sixty months imprisonment as to Count Four. The sentence for Count Four was to run consecutively to the sentence for Counts One and Two.

The total term of imprisonment is, therefore, 228 months. (Rec. Docs. 228-229).

I Pray Congress change soon the law, about minimum mandatory 28 U.S.C. 924(c). Five consecutively years for a Drug Trafficking crime. That is unconstitutional cases like my case, with a sentence of 168 months and other of 60 months imprisonment consecutively. That is not fair, That is a Double punishment in a same case. I would like the congress to resolve this problem, because these law are unconstitutional…..

RAMON A PANIAGUA
FCI FORT DIX
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 2000
FORT DIX, NJ 08640

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RICKY GENE MINOR (05037017)
3/4/2012 3:03:33 PM
Change Mandatory Minimum Laws

Dear Mr. President Obama and Congress,

My name is Ricky Gene Minor 05037-017, and I am severing a life sentence in the federal system on the very first time I have ever been to prison because of the Mandatory Minimum Laws that are in place.  I’m am working on my 12th year of incarceration.  I have filed many post conviction appeals with no success at all.  I am a non-violent person that was always willing to lend a helping hand to anyone in need.  I have worked hard my entire life even having my own small business for well over 15 years.  I was happily married with children until after a few years of being in prison.  Since my incarceration my wife and me have divorced.  One of my step children has even passed away.  I have managed to stay very close to my daughter Heather who I love so very much, through the years in prison and have worked very hard to keep that close relationship.  I have had to watch Heather grow up in pictures for the most part and it has been very hard on both of us. My family and I were very close and this took a serious toll on not just me, but my entire family as well.  I have always had there support through my whole life, and this sentence (LIFE) is just as unfair to them as me.  Now my parents are in there mid to late 70′s and it scares me to death to know that I may loose them also while in prison.  I’m asking you to please help me and many others that are caught up in the Mandatory Minimum Laws.  I have never been incarcerated before this present sentence, because all my offenses warranted probation.  Mainly driving on suspended license and small drug offenses.  I was nothing more that a user trying to support a addictive habit.  I was thought of as a good person through my community.  What happened next took me and everyone that ever knew me by surprise.  I was arrested for “Attempt to Manufacture Methamphetamine” and using the very same low level offenses in my past, the government enhanced my present sentence to one of LIFE using the Mandatory Minimum Sentence that the law makers had put in place.  Now it looks like if the laws don’t change I will die in prison on my very first time being here, without having another chance at life with my family.  I ask you to please take a long hard look at you Mandatory Minimum Laws that you have in place.  Change them to help right the wrong to me and many others.  It has to show you that something is wrong with the Mandatory Minimums Laws just by my case alone, yet so many others are caught in this net of draconian laws.  It is hard when I see murderers, rapists, and violent criminals all getting out of prison, yet even after over 11 years I still have NO light at the end of the tunnel. 

Your system is broke with the Mandatory Minimum Laws and I plead with you to change them and make your changes retroactive.  I have already lost over 11 year of my daughters and families life not to mention my own life.  My daughter Heather was only 7 years old when I was took away from her, she is now 18 years old.  I have been a model inmate even though I have a LIFE sentence, with hopes that one day I may benefit from my behavior.  So many others need your help too!!  They have their own stories and so many of them are terrible like mine. 

You have the power in your hands to save lives and change to wrong that has been done to me, my family, and many others I have personally seen in the past 11 years.  I simply ask you to do the right thing and help stop tearing lives apart when they don’t deserve to be.  Repeal these Mandatory Minimum Laws, make them Retroactive, so not only the ones that are coming into the system will benefit from the changes, but so that the ones that have suffered so long as myself will benefit from the changes too.  Thank you for taking your time to read my letter, may it weigh heavy on your conscience and God guide your heart to save lives and change the Mandatory Minimum Laws.

 

Sincerely, 

RICKY GENE MINOR
FCI WILLIAMSBURG
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 340
SALTERS, SC 29590

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DAVID PADILLA (36515066)
3/4/2012 9:06:42 PM
Change Statutory Mandatory Minimum Laws

To whom it may concern;

     My name is David Padilla I am currently serving a life sentence without parole plus five years for a firearm. I was sentenced under the 851 enhancement after being convicted by a jury in the Eastern District of Pennsylvania. Since I had two prior drug convictions I qualified to be sentence under this statue and therefore, I received the life sentence. There was a ten minute plea negotiation between my attorney and the prosecutor on the day of trial in the court room, in which both parties could not come to an agreement on. Therefore, my lawyer and I decided to proceed to with the jury trial. I would like to brief you on what my criminal history consist of.

     My first arrest occurred when I was 19 years of age. I was arrested and charged by the Federal Government for aiding and abetting the distribution of 13 grams of powder cocaine. I was convicted on the charge and received 5 years supervised release, three years suspended sentence. At the age of 20 was was arrested again this time by Philadelphia Police Department for another drug offense. Since I was on supervised release the Federal Government looked into the case and adopted it Federally. I later pled guilty to possession of 58 grams of powder cocaine and maintaining a building for a controlled substance. I received 5 years for this charge and my supervised release was violated. This, in a gist, is the totality of my criminal history before being arrested on this charge. In which I was arrested for transporting 12 kilograms of cocaine and possession of a firearm. I was 29 years of age when I was arrested on this charge.

     I have now been incarcerated for 15 years and four month’s and in no way I am trying to downgrade or diminish my actions. I know I have committed a crime and there are consequences and laws put in place for individuals that commit these crimes. But, in my honest and humble opinion, no one should have to die in prison for a non-violent drug offense, even more a low-level drug dealer as myself, whom was transporting drugs from point A to point B. During these 15 years of incarceration I have worked on some skills that would make me a successful law abiding citizen in society. I have gone to college and received my Associates Degree in business administration. I am a certified dental assistant/dental technician. I have worked in the dental lab here at the institution of 12 years now and have made partial and full dentures for inmates. I plan to open a dental lab upon my release one day, one of my goals is to donate my time and labor to the elderly whom are not covered by their insurance to obtain new dentures. I already have a business plan in place for the opening of the dental lab. I have also been a mentor here at the institution for the past 14 years, nine of those years had been with a program called R.O.P.E. ( Reaching Out to Provide Enlightenment ). In this program consisted of about 10 inmates that are chosen by the institution staff as being model inmates from a inmate population of about 1300 inmates. We had the opportunity to speak with kids from middle school all the way up to high school. We also have spoken to college students, criminal justice majors out of Rowan University and Psychology majors out of Rowan. But, the majority of the youth were for group homes and came from troubled homes, they mainly came from the New Jersey area but, we also had youth come from Philadelphia and Delaware. Currently, I am on a mentor program called The DC Mentor’s. We speak to the men from the Washington DC area that are coming into the Federal System, we mentor them on the adjustments that need to made in order for them to succeed in the FBOP. At the same time we encourage them to prepare for their release, for re-entry purposes. We give them resources that can help them with that transition, (i.e. C-Sosa). My plans are to continue doing this type of work when I am release, I have  a friend, whom is a Pastor with Calvary Vision out of Philadelphia, who works with the youth and he is anxiously awaiting for my release so I can be part of his mentor program, his name is Pastor Benjamin Rosario.

    Then United States Sentencing Commission recently put to together a 645 page report on The Statutory Mandatory Minimums. I am pretty sure you are aware of this report, what it is basically saying, in the portion of enhanced sentences, is that they are “too severe” or “too harsh”. In the report the Commission agrees unanimously that the 851 should be assessed, especially when it come to non-violent, low level drug offender’s, as myself. With having the opportunity to release non-violent, low-level drug dealer’s means that tax payer’s will not have to fit the bill for inmates that are in their 30′s or 40′s for the next 25 to 30 years. Therefore, saving millions or even billions of dollars for tax payer’s in the long run.

     My wife of 25 years, Lisette, has been by my side during this incarceration, as well as my children and grandchildren. They have been my support system during my whole incarceration and have not lost hope of one day re-uniting with me once again in society. There are statistics that say that incarcerated inmates that are released in their 40′s have little or no chance to recidivate. I know I have armed myself with the proper tools to give myself and my family the best opportunity to succeed in society. Like I said before, I know I have committed a crime and I deserve to be punished, in no way am I diminishing or downgrading my actions, but the question that needs to be asked here is; Does a person with my criminal history deserve to die in prison? My family has prepared a booklet with my accomplishments, letter’s of recommendation’s, and a progress report from the institution here at FCI Fairton. If anyone is interested in obtaining a copy of this booklet please contact me and I will have my wife forward one to you. That you very much for taking the time to read this lengthily letter, I truly appreciate your time and concern, God bless.

                                                                                                                                                          Sincerely,

DAVID PADILLA
FCI FAIRTON
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 420
FAIRTON, NJ 08320

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ANTHONY HENRY (03850112)
3/5/2012 8:33:27 PM
Making FSA Retroactive/Changing Mandatory Minimum

Dear Access Legal Aide, I want to thank you for your help in sending our letters to the members of Congress and others. I appreciate this opportunity for letting the “Voices Of The Incarcerated Ones” to be heard also. Here is my letter to be sent.

Thank you.

Re: (1) Making FSA Retroactive for career offenders and

      (2) Changing Mandatory Minimum laws

By way of introduction my name is Anthony Henry. I respectfully type this letter to thank all the United States Representatives and Congressmen and Congresswomen, for all of their laborious work in passing the Fair Sentencing Act (FSA) of 2010. I’m compelled to also extend my regards for taking the necessary steps to direct the United States Sentencing Commission (USSC) to correct it’s policy statements and guidelines table to rectify some of the injustices which are by far unfair.

I tender the foregoing as it further relates to the laws governing crack cocaine, barring previously incarcerated individuals (who are affected the most) from reaping the benefits of what many other defendants who are incarcerated to those who are forthcoming into the federal system. My complaint lies in two parts, the first being, there should not be any legally profound reason why this significant statutory change does not retroactively apply to everyone across the board; and it should not be a discretionary matter, nor premised upon whether a judge decides to give it to this or that individual when the same is not discretionary for forthcoming individuals.

I would like to first give a summary of my current situation: On December 11, 1995, I was convicted by jury for the offense of conspiracy to possess with the intent to distribute a mixture or substance containing cocaine base (not my prior history if you will ). I was in turn held accountable for the amounts involving more than 50 grams but less than 150 grams cocaine base. Said amounts attributed a guideline base offense level  (BOL) of 32, but was increased to BOL 37 for reasons of me being characterizes as a career offender. The guideline range for my initial BOL of 32 fell between 210-262 months. Germane to the career offender provision, my prescribed guideline range calls for a sentencing range of 360 months to life. Fortunately for me, the court imposed the low end term of 360 months (30 years).

When imposing said sentence, the Honorable Consuelo B. Marshall stated that this was a “Harsh and Lengthy sentence” for my case, but that she “had” to go with the law that policy makers legislated. To date, and in the context of career offenders, it is now being stated that a sentence for career offenders are not based upon the amount of crack involved in the case, instead, career offenders sentences depend on the statutory maximum penalties that one is faced. Consequently, I was arrested, charged and convicted for the amounts of 50-150 grams of cocaine base, but because I was considered to be a career offender and sentenced as such, law makers are saying that my sentence is not based upon the amount of cocaine base involved in my case. So to say that I am doing 360 months for my prior record and that my sentence is based upon cocaine base does not make any sense.

As previously stated, I was held accountable for 50-150 grams of cocaine base. Said amounts under the recently enacted Fair Sentencing act (FSA) of 2010, no longer triggers a statutory maximum of 10 years to life, but rather a statutory range of 5-40 years. With this being said, I, as a career offender should be permitted to reap the benefits of this substantive statutory change–a change which would result to my career offender guideline BOL commencing at 32 as opposed to 37–thus making a difference of 210-262 months instead of 360 -life.

The million dollar question that plagues the case of my and many others is: If the 100 to 1 crack/cocaine statutory ratio was unanimously declared unfair, and career offenders along with many others sentences  (statutory minimum and maximums) are substantially affected thereby, then why does this substantive change in statutory law not retroactively apply to everyone (non- career offenders; career offenders’ and those whose sentences were enhanced under title 21 U.S.C. code 851) without regard to it being discretionary applied. This question is further buttressed by the fact that some (those forthcoming into federal system) are now benefitting under new 18 to 1 law, while many others who were affected most by unfair law are not being equally afforded the same relief stemming from the unfairly enacted 100 to 1legislation.

I respectfully and prayerfully implore all congressman and  congresswoman to pass the pending bill (H.R. 2316 introduced by Bobby Scott (-Va) for the FSA of 2010 to be made retroactive–and enactment which would not only further what the FSA of 2010 was initially designed to accomplish, but to permit EVERYONE who was sentenced under what has been deemed an unfair disparity, to undisceretionary and retroactively benefit from past injustice.

Suffice it to say, I have spent the last eighteen (18) plus years of my life hoping and praying for some relief– not just for myself but for all of those who I encounter that has served this amount of time or more, along with our families who anxiously await our return home. As such, there are a multitude of us, who are incarcerated, and to whom can positively give back to our communities through numerous ways. I, for one, have attempted and continue to pursue the implementation of a program which I have orchestrated with the hopes of helping the youth and others get away from gangs, drugs and violence by using others who once had similar like mentalities and experiences (such as myself) to share their stories of change and progression. The program is what I have named: “Criminal Soothsaying”. It is an outreach organization committed to reality of stressing that the youth are important and reared towards altering the mind set of troubled you and others. This movement is designed to deter the youth and others from the life of crime, gangs and drugs. If time permits, I beseech you to please pursue the essence of “CriminalSoothsaying”at:www.Facebook.comfindfriends-email-c_Soothsaying@yahoo.com.  This will indeed give you a better understanding of what to expect of this program.

It is a true fact that many people learn from their past mistakes; and that many people do change, I’m fortunate to say that I’m indeed one of them!

 Hence, we urge members of the United States Congress to make and take the necessary steps to make the FSA of 2010 retroactive; direct the Sentencing Commission to make the career offender guideline provisions retroactive; make this change equally and retroactively apply to all that were unjustly sentenced under 100 to 1 ratio without regard to it being premised upon the district court’s discretion; and permit this law to apply to those 21 U.S.C. code 851 offenders, whose mandatory minimums and maximums were increased . Making the FSA of 2010 retroactive would only help to right a wrong and restore faith and equal fairness within our criminal justice system. In fact, thousands of defendants sentenced under the old 100 to 1 crack guidelines remain in prison today, serving a sentence which everyone agrees are undeterminedly and unjustifiably  entirely too long! Forcing prisoners to continually sere such sentences, which Congress, the United States Department of Justice, the USSG and the President of the United States of America has soundly repudiated is anathema to our fundamental system of justice. Thus, I and many other prisoners alike, are in high expectations that all and sundry, coupled with all of Congress do what is the politically correct thing to do  and support the making of the FSA of 2010 become retroactive for everyone without regard to a district court’s discretion. I kindly thank you all in advance, for your time, patience, consideration and most noble assistance.                                                 

Sincerely,

ANTHONY HENRY
FCI JESUP
FEDERAL CORRECTIONAL INSTITUTION
2680 301 SOUTH
JESUP, GA 31599

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HAROLD L GRAMMER (92541071)

2/20/2012 12:03:33 PM

Change Mandatory Minimum Laws & Consecutive 924(c)

 

Attention Law Makers,

Presently I’m an inmate that is a prime example of the failed drug war in America !  I’m ex-military, USN, Sonar Tech.

Repeated drug addiction problems, never properly addressed !  No formal treatments of any type !  Drug influenced, and plain stupid

 

HAROLD L GRAMMER (92541071)

FCI GILMER
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 6000
GLENVILLE, WV  26351

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HAROLD L GRAMMER (92541071)

2/20/2012 12:17:34 PM

Change mandatory laws & repeal consecutive 924(c)

 

Attention law makers,

 

     Presently I’m an inmate that is a prime example of the failed drug was in America !  Ex military, USN, Sonar Tech.

Repeated drug addiction problems, never properly addressed !  No formal treatments of any type !  Drug influenced, and plain stupid enough to trade a few pills, for a firearm ! The weapon was found in a car I was driving with the pharmaceutical pills that I was using !  The weapon was never brandished, displayed, or used in my crime, of possession  of scheduled pills, in any type of way !

     Now I have to spend a major portion of my life in a U.S. prison !  I came into the system at 38 years old, now I’m experiencing my 54th birthday, in an overcrowded poorly managed insecure and improperly medically treated system !

A 924(e) with a 15 year mandatory minimum sentence for this stupid crime was, an is a very extreme sentence !  But even worse is taking an adding a 924(c), 5 year consecutive sentence for the exact same crime and stupid behavior !

These as well as the other draconian laws and mandatory minimums should be addressed.

     If and when I do finally get released from this system, with my serious and improperly medical issues, I will be a tremendous burden on my family as well as society ! The systems of corrections in America is seriously broken !

Please help,

Sincerely,

 

HAROLD L GRAMMER (92541071)

FCI GILMER
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 6000
GLENVILLE, WV  26351

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GARY RHINES (10496067)

2/20/2012 7:48:29 AM

TO CONGRESS/ MANDATORY MINIMUM

 

BECAUSE THERE IS A DISPARITY WITH THE MANDATORY MINIMUM SENTENCING AND THERE IS NO BALANCE TO THE WAY BLACK MALES ARE SENTENCE AS TO WHITE MALES I ASK CAN YOU REPEAL THE MANDATORY MINIMUM LAWS TO 21 USC 841

AND 18 USC 924[e] and[c]. thank you very much

 

GARY RHINES (10496067)

USP CANAAN
U.S. PENITENTIARY
P.O. BOX 300
WAYMART, PA  18472

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GARY J ANDERSON (26703038)

2/22/2012 7:03:21 PM

Change Mandatory Minimum Laws

 I was sentenced to 20 yr’s. A mandatory minimum sentence, for possesion and intent to distribute a controlled substance.

    I had never spent a day in prison prior.

    The judge said he could sentence me to more time, but 20 yr’s was the minimum he could give me.

    Judges can not judge a case when mandatory minimums are involved.

    I graduated from culinary school in 1994. I was not only supporting a drug habit I had developed, I was working as a chef as well.

    I was 40 yr’s old when I was arrested. I will be 57 yr’s old, and starting my life over, when I have served 20 yr’s (including ‘good time’).

   In the five years I have been locked up, I have been taking classes, exercising and trying to better myself.

   Although controlled substances are available in prison, it has been a decission I have made for myself NOT to partake in them.

   Their is no rehabilitation in prison. It is up to an individual as to weather or not he want’s to make better decisions with his life.

   I hope and pray that mandatory minimum laws will be reformed, so my sentence can be reduced.

   One third of your adult life is an excessive amount of time to serve for a non-violent drug offence.

   Please, change these mandatory minimum laws.

 

  Thank you.

 GARY J ANDERSON (26703038)

 FCI FORT DIX
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 2000
FORT DIX, NJ  08640

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CHRISTOPHER LARONN BROWN (22139057)

2/22/2012 9:48:22 AM

TITLE 18 922(G) & 924(E)

 

MY NAME IS CHRISTOPHER L. BROWN, I WAS TRIED AND CONVICTED IN THE MIDDLE DISTRICT OF NORTH CAROLINA,IN THE DISTRCT COURT IN GREENSBORO,NC IN FRONT OF THE “HONORABLE” JUDGE BULLOCK JR.; MY CASE NUMBER IS 1:04 CR 95-1. IN ORDER TO GET CONVICTED OF SUCH A CRIME THE DEFENDANT MUST HAVE A PRIOR CONVICTION THAT EXCEEDED ONE YEAR IMPRISONMENT,AND THIS IS WHAT WAS WRITTEN BY CONGRESS. THE PRIOR CONVICTION THEY USED IN MY INDICTMENT WAS A CONVICTION FOR A 6 TO 8 MONTH PROBATION SENTENCE THAT WAS SUSPENDID FOR 36 MONTHS WITH A $200.00 FINE & A $85.00 COURT COST.I OBJECTED TO THIS DURING A PRE TRIAL CONFERENCE, I FILED A PRO-SE MOTION TO DISMISS THE INDICTMENT FOR THIS REASON AND I OBJECTED DURING SENTENCING. ACCORDING TO WHAT WAS WRITTEN BY CONGRESS AND ACCORDING TO UNITED STATES v. SIMMONS,649 F.3d 237 (4TH CIR.2011) I HAVE BEEN ILLEGALLY DETAINED AND AT THIS MOMENT I CONTINUE TO SERVE AN ILLEGAL SENTENCE AND I AM NOT THE ONLY PERSON HERE UNDER THIS CRUEL AND UNUSAL PUNISHMENT AND THE PUBLIC , CONGRESS, THE PRESIDENT OF THE UNITED STATES NEEDS TO HEAR THIS CRY FOR JUSTICE BECAUSE THIS IS NOT WHAT THE FRAMERS OF THE CONSTITUTION INTENDID.

                                                                                                                                     THAN YOU.

 CHRISTOPHER LARONN BROWN (22139057)

FCI ESTILL
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 699
ESTILL, SC  29918

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DANIEL DAVID EGLI (11778081)

24 -03-12

33% good time & reduce sentences / mandatory min.

 

Dear Congressional Representative/Senator,

I am writing this letter to you in the hopes of convincing you to vote in favor of the increased good time and second chance act. I believe this act would be a very good thing for the United States, and I hope to explain exactly why it would be good below.

 First, I freely admit that  I am a federal inmate currently housed at FCI Oakdale in Oakdale, LA, and as such the extra 33% good time would be of tremendous benefit to me. However I do not consider that in and of itself a justifiable reason for you to vote on this act. However, there are other issues that should be addressed.

 

First, consider the average population growth each year in the federal prison system. While some people are lucky enough to receive light sentences that are less than two to three years that is far and away the minority of sentences. And these long sentences are causing the federal prison population to grow at an unmanageable rate. This is stated in very clear terms in a recent letter sent by the Federal Department of Justice to the Sentencing Committee. They urged the committee to reduce the terms of many sentences because the current level of population growth in the federal prison system is accelerating beyond control. The DOJ specifically stated that the current level of growth was “unmaintainable”. And it is true. In my last facility they had already squeezed SIX inmates into a 121 square foot cell. Now here they currently have six in a 180 square foot cell, with rumors that they will soon be trying to squeeze three more in the cell for a total of NINE inmates in 180 square feet. This is clearly in violation of the BOP policy statement that instructs that the rated capacity of a cell is one person per forty square feet, if my memory is correct. Examine Bureau of Prisons program statements. I could not state with 100% accuracy at the moment but if my memory is correct the statement in question is 5430.10.

 

Next consider the average budget for the BOP. The BOP requires large amounts of the federal budget each year. This is due to them having to pay all the officers and other staff at all the facilities they must operate to house all the inmates. Once, just on a whim, I tried to estimate what the approximate annual expense of FCI La Tuna in and of itself was to the B.O.P. The result was over ten MILLION dollars, and that was just ONE facility. At last count there were over eighty facilities. And while not all are as large as FCI La Tuna or FCI Oakdale, a few are actually larger. It only takes elementary school level mathematic skills to see that we are easily reaching if not exceeding $800 MILLION a year just in facility costs. Then you need to add in extra expenses like the DSCC (Designation and Sentencing Computation Center) in Grand Prairie, TX, plus the various regional offices, plus the central office, and it’s quite likely that the annual expenditure for the BOP is over one BILLION dollars a year. And this when the US is struggling to pay off record national debts to other countries. Now suppose that the extra good time only released five percent of the inmates currently incarcerated. Five percent of 1 BILLION is 50 MILLION DOLLARS a year. Certainly that money could be used to help pay back our national debt or to help fund programs that would be far more beneficial to the general public.

 

One last point I wish to address on this is simply the basic numbers. At last count, depending on who you talk to, there are between 170,000 and 500,000 federal inmates being housed in federal prisons or awaiting transport to a prison from a county jail. This is an astonishing number! In fact, I have heard some people state that this is more than the former Soviet Union had in their prisons at the height of the communist era, and a higher percentage of the country’s population too. Obviously I have no access to the research materials to confirm or deny such a statement, but very IDEA is frightening. According to our national anthem this is supposed to be the “land of the free.”  I don’t see how it can be considered such when there are so many people incarcerated, and for so long. And the simple fact is that the sentencing guidelines seem quite broken to me. I have seen people convicted of transporting several hundred kilograms of methamphetamines or marijuana or cocaine receive sentences of thirty years. Then they turn around and issue a THIRTY FIVE year sentence to the person who was convicted of having a single EIGHT GRAM dose of crack cocaine. While I do not claim, as undoubtedly many others do, that the drugs should be legalized I do have to wonder at the disparity of such sentences. Then there are the people convicted of completely white collar crimes such as “income tax fraud.” At most these people should get one to two years in prison. And that’s assuming they managed to defraud the United States of MILLIONS of dollars. Yet even according to the currently guidelines a defraud of merely $50,000 results in a sentence of nearly three years!

 

Then let us consider those who are convicted of the most basic of white collar crimes, and yet at the same time the most hated of crimes according to the united states public, namely possessing child pornography. You will not hear me ever advocate that the laws against possessing child pornography are wrong and should be repealed. In fact, I freely admit that I am in prison for just such an offense and it is to my ever lasting shame and regret. I do not for one moment believe that I should not have been imprisoned. But the point of prosecuting those who obtain child pornography is completely in error. It is a well known and well documented process called simply “supply and demand” that says that when there is more desire for something that is available that the price for that something goes up while at the same time having more supply than is called for results in a lowering of prices. The United States Government, in order to attempt to stop the production of child pornography and the abuse of the children involved in the production thereof. This goal in itself I applaud and support whole heartedly. But according to everything I was taught we are going at this problem exactly BACKWARDS. The sentencing commission and the Department of Justice have stated their goals as the protection of children. But if we are attacking the demand and not the supply then while it does lower the demand some, it also lowers the price that people must pay to obtain such materials. In fact, it is currently exceptionally easy to obtain hundreds of thousands of images and thousands of videos at absolutely no cost beyond the internet connection itself. So by that logic the United States is actually making it EASIER to obtain that which they seek to deny to people. This approach has been tried for over fifty years with various drugs and other illicit substances and the result has simply been that the number of people being found with these substances is GROWING. Please consider a simple question then. “If the result of this same action after fifty years against drugs is an INCREASE in the amount of drugs being sold and used, why should the same action against child pornography do anything but INCREASE the amount of child pornography being distributed?” To me this seems like the very definition of insanity, which is “doing the same thing over and over and expecting a different result.” I just don’t understand this. If I take a rock and throw it against a window with as much strength as I can, that window is going to break. That is just basic physics. If you replace the window with an identical one, and throw the same rock with the same amount of force, then the window will break again. If you do this ten thousand times you will result in ten thousand broken windows. This should seem obvious to anyone. And if you have a product that everyone wants but you block the distribution of this item partially then it only makes sense that the vendor of the item in question will lower the price in an attempt to entice more customers. The best way therefore to prevent the further production of child pornography would be to attack the SUPPLY. Recall again the basic rules of supply and demand, namely that as the supply gets less the price gets more. Therefore, if you constantly attack the SUPPLY of such materials then eventually fewer people will be obtaining them because they will not be able to AFFORD to obtain them. Why this simple logic has escaped the Department of Justice I do not know, but it does seem rather obvious to me.

 

So now that we have all these people who are locked up and are awaiting their release date. Imagine how much money would be saved by changing from 54 days a year of good time (nearly 15%) to even just 33% good time. If that was to happen then a large number of inmates who are merely waiting on their release date will be eligible for release. These people will then be re-integrated into the community and can become productive citizens once more. As for the group that will re-offend, well they will re-offend rather quickly and be locked up again, so the public is hardly harmed by them. As to the rest, we now have more people who can provide workers in both skilled and unskilled labor. If we were to add 33% to the existing 15%, that becomes 48% good time. This is even better for inmates because it allows them home all the sooner. It is also excellent for the Department of Justice because they now have fewer inmates to deal with. This could result (if the Bureau of Prisons has any kind of decent accountant) of significant savings because not is the BOP being paid less due to their housing fewer inmates, but it would be possible for them to close some facilities, reducing their worker load and thus reducing their expense to the United States government even further. Again, going back to the estimates listed above, suppose we could actually manage a ten percent reduction in the BOP’s annual expenditures. This may not seem much at first, but realize that ten percent of 1 Billion is $100 Million! Surely that money could go towards programs for the homeless, or towards helping to pay off the debt of the United States held by other countries. There are a multitude of things that could be done with this money.

 In closing, let me just restate that while I am a federal inmate myself, I do not deny my crime, and do not claim I should not have gotten into legal trouble. I freely admit I made a terrible mistake that will haunt me for the rest of my life. But I do still believe this country has a chance to be the great place our founding fathers envisioned it to be. But such a future I do not believe to be possible without some serious changes. And one of the first steps to completing these changes is the increase of Good Conduct Time from nearly 15% to at least 33% if not 45%. And the next step would be to reduce the sentencing levels and reduce or even eliminate many of the mandatory minimums.

 I hope you will consider my words carefully and that you will vote in FAVOR of any measure that comes across the floor to increase good conduct time or to reduce sentences and/or mandatory minimums. I thank you for your time and attention to this letter.

 

DANIEL DAVID EGLI (11778081)

FCI OAKDALE
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 5000
OAKDALE, LA  71463

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WILLIAM GRAYSON (07195068)

3/1/2012                         7:48:35 AM

Change Mandatory Minimum Laws 924(e)

 

Since August 15, 2001, I have been in prison for a weapon which was owned solely by my wife.  I was sentenced to a 180-month “MANDATORY” sentence as the result of my wife’s weapon.  While investigators found a video of me holding a weapon; the weapon in the video is clearly not the same weapon which was seized from our residence.

   As a juvenile (when I was 17) I’d took some robberies for my younger cousin who had a rather lengthy record, and would have been sent away for quite some time if he were to answer the charges.  I was certified as an adult for the crimes which my cousin committed.  I did the 2-1/2 to 5 years for the crimes never revealing the truth. 

   However, when I was indicted by the Federales in 2001, I would face the penalty of a Mandtory Sentence because of the crimes which were committed as a juvenile.  And, although the crimes (six robberies in total) were pled guilty to and sentenced all at the same time, and there were no other intervening arrests; I would still face a 15-year “MANDATORY” sentece because the Federales broke up each case making each robbery sount as one conviction.  Thus, I was considered as an “ARMED CAREER CRIMINAL”, because the robberies did not take place at the same time.

   This is a very complex issue to me because up until that point in my life, I’d always thought a “CAREER OFFENDER” to be someone who had committed a crime, got released, commtited another crime, got released, committed another crime (so-on and so-on); or an “ARMED CAREER CRIMINAL” to be someone who had actually/physically used a weapon during the commission of a crime.  It hurt both my Family and I to know that I would be thrown into the same category as the roughest, most hardened criminals in the world because of a mere technicality.

   Sometime in 2007, the law was changed pertaining to the intervening arrest(s).  It stated that if a person didn’t have the three intervening arrests that there could be no trigger of the 924(e) statute “ARMED CAREER CRIMINAL”.  However, it did not apply to those serving a “MANDATORY SENTENCE”.  My question therefore, is what good is the ammendment if it does not affect those individuals which it was originally designed for???  There would be no need for such a change due to the fact that the people without any intervening arrests are the the ones serving the “MANDATORY MINIMUMS”, they coexist with each other, meaning that you can’t have one without the other.

   I am appealing to this Nations leaders (Congress and the Senate) to change and/or repeal the laws and rules governing the 924(e) statute.  I have watched my children grow from infants to near-adults for something which should have never been considered for such a lenthy sentence.

   I am grateful for the Team Members at Appeal Help for providing this service free of charge and recognizing that we too (those behind fences and walls) have a voice, and thus should have a say in the matter.  “Thank You.”

Sincerely,

 

WILLIAM GRAYSON (07195068)

FCI GILMER
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 6000
GLENVILLE, WV  26351

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JEFFREY MATTHEW JEANETTA (90324071)

3/1/2012                            10:50:24 AM

Change Mandatory Minimum Laws/Reestablish Parole

 

I was a drug user/addict when someone got themselves in trouble and to get lesser time they told the police that I was a “large scale drug trafficker” so the police raided my house and found 2.7 grams of drugs (a user’s amount) I pled guilty to that and got 6 months but the government charged me with conspiracy to distribute 18 pounds of drugs. I wouldn’t plead guilty to a mandatory 10 year sentence so the prosecutor stacked charges, broke and bent the rules to get a conviction and now I am in federal prison with 2 life sentences plus 30 years. I know that I have strong appellate issues that are being ignored because I am not a lawyer or the means to hire one. If there was a parole board maybe they would see that I am no danger to society. Thank you for your time,

 

JEFFREY MATTHEW JEANETTA (90324071)

USP TERRE HAUTE
U.S. PENITENTIARY
P.O. BOX 33
TERRE HAUTE, IN  47808

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HASSAN HAWKINS (96935071)

3/1/2012                              9:18:34 PM

Change Mandatory Minimum Laws

 

To Whom It May Concern:

 

     My name is Hasson T. Hawkins.  I am serving a 30 year sentence for one (1) count of Conspiracy to Distribute Cocaine/Crack cocaine.  My conviction occurred by a verdict on circumstantial evidence.  It is mandatory that I complete 85% of my sentence — 26 years, 9 months — before I will be released.  At that point, I will be placed on five (5) years of supervised release.  So far, I’ve been incarcerated for 11 1/2 years.

 

     I would like to offer an overview on Mandatory Sentencing and how it has affected me.  In a study conducted by the Justice Department in 1994, one third of all Federal prisoners incarcerated under mandatory laws were considered low level offenders.  In Michigan, which probably has the harshest mandatory sentencing involving drug convictions, it is not unusual to find prisoners serving ten (10) years for a murder sentence; but LIFE in prison without the possibility of parole for a non-violent drug conviction.

 

     Furthermore, there has been no indication that mandatory sentencing has had a deterrent effect on drug arrests, trafficking, or use.  The adoption of “Truth in Sentencing” practices require prisoners to serve in most instances at least 85% of their sentences allowing no more that 15% time off for “good time”.  Another major factor for the “explosion of the prison population” involves this country’s obsession with the drug crisis.  The concern about drug abuse and drug related crimes and issues have led to a highly successful political campaign, dubbed “The War Against Drugs”.

 

     A trend that has caused great consternation among many people of color has been the disparity in sentencing regarding cocaine.  In the past, longer sentences have been given for drug offenses involving crack cocaine and powder cocaine.  Due to the fact that crack cocaine is used more often than powder cocaine, African American drug defendants are more often likely to be serving longer sentences for drug crimes.  When the mandatory minimum sentence applies, the judge is “forced” to follow the sentencing guidelines without going below that minimum, regardless of the facts or circumstances of the defendant and the defense.

 

     The impact made by “mandatory minimums” has been shown to come with billions of tax dollars in direct cost to the taxpayers.  In the five (5) year period from 1987 to 1992 in which the mandatory minimum was fully implemented, Federal Correction spending increased by 26%.  Between 1987 and 2007 Federal Correction, spending increased 550%.  In 2007, American taxpayers spent over 5.4 billion dollars on federal prisoners alone.

 

     As I have already stated, I have been incarcerated now for over 11 1/2 years and I would like to shed some light on some of my accomplishments I’ve made so far during this time.  I have not had any incident/disciplinary reports.  I have acquired my GED and College degrees since my incarceration; a Bachelors degree in Religious Studies with a 3.7 GPA from Nations University, sixty (60) credits towards my Associates degree in Business Administration and a Retail Sales Certificate with a 3.6 GPA at Cumberland County College of New Jersey; Computer Applications from Century College.  I am a certified Quality Control Technician by the Federal and State Department of Labor, a certified ISO Internal Auditor as well as a becoming a certified J-Standard solderer.  I’ve also participated in an exceptional amount of “Rehabilitation classes” consisting of Educational and religious studies; over 130 “ACE” and correspondence courses/classes. Currently I am enrolled in a Masters Degree program for Christan Counseling.

My question is:  Does a person, who has been convicted in a criminal justice system (that is unjust toward minorities) deserve a chance to “get some relief” after displaying extraordinary efforts at rehabilitation and taking the initiative to help others to make a positive change in their lives and character?

    As GOD is my witness, I truly pray that through “this presentation”, HE will touch someone who is in a position to assist me in every way.

My greatest Sincerity and humble Thanks,

 

HASSAN HAWKINS (96935071)

FCI OAKDALE
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 5000
OAKDALE, LA  71463

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RAMON A PANIAGUA (15073014)

3/3/2012                                   9:33:47 AM

Ramon A. Paniagua against minimum mandatory.)

 

which whom it my concern:                    

Case, No. 02-60033-01

 On May 14, 2003. a federal gran Jury returned a six – counts superseding indictment against me. In count one I was charged with colnspiracy to distribute cocaine hydrochloride. In count Two, I was charged with possession of cocaine with intent to distribute. In count Four, I was charged with use of a firearm in relation to a drug trafficking crime. On January 19, 2005, pursuant to a written plea agreement, I Pleaded guilty to counts One, Two, and Four. Rec. Doc.( 169, 170).

    I was subsequently sentenced to 168 months imprisonment as to Counts One and Sixty months imprisonjment as to Count Four. The sentence for Count Four was to run consecutively to the sentence for Counts One and Two.

 The total term of imprisonment is, therefore, 228 months. (Rec. Docs. 228-229).

 I Pray Congress change soon the law, about minimum mandatory 28 U.S.C. 924(c). Five consecutivety years for a Drug Trafficking crime. That is unconstitutional cases like my case, with a sentence of 168 months and other of 60 months imprisonment consecutivety. That is not fair, That is a Double punishment in a same case. I would like the congress to resolve this probem, because these law are unconstitutional

 RAMON A PANIAGUA (15073014)

 FCI FORT DIX
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 2000
FORT DIX, NJ  08640

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RICKY GENE MINOR (05037017)

3/4/2012                            3:03:33 PM

Change Mandatory Minimum Laws

 

Dear Mr. President Obama and Congress,

 My name is Ricky Gene Minor 05037-017, and I am severing a life sentence in the federal system on the very first time I have ever been to prison because of the Mandatory Minimum Laws that are in place.  I’m am working on my 12th year of incarceration.  I have filed many post conviction appeals with no success at all.  I am a non-violent person that was always willing to lend a helping hand to anyone in need.  I have worked hard my entire life even having my own small business for well over 15 years.  I was happily married with children until after a few years of being in prison.  Since my incarceration my wife and me have divorced.  One of my step children has even passed away.  I have managed to stay very close to my daughter Heather who I love so very much, through the years in prison and have worked very hard to keep that close relationship.  I have had to watch Heather grow up in pictures for the most part and it has been very hard on both of us. My family and I were very close and this took a serious toll on not just me, but my entire family as well.  I have always had there support through my whole life, and this sentence (LIFE) is just as unfair to them as me.  Now my parents are in there mid to late 70′s and it scares me to death to know that I may loose them also while in prison.  I’m asking you to please help me and many others that are caught up in the Mandatory Minimum Laws.  I have never been incarcerated before this present sentence, because all my offenses warranted probation.  Mainly driving on suspended license and small drug offenses.  I was nothing more that a user trying to support a addictive habit.  I was thought of as a good person through my community.  What happened next took me and everyone that ever knew me by surprise.  I was arrested for “Attempt to Manufacture Methamphetamine” and using the very same low level offenses in my past, the government enhanced my present sentence to one of LIFE using the Mandatory Minimum Sentence that the law makers had put in place.  Now it looks like if the laws don’t change I will die in prison on my very first time being here, without having another chance at life with my family.  I ask you to please take a long hard look at you Mandatory Minimum Laws that you have in place.  Change them to help right the wrong to me and many others.  It has to show you that something is wrong with the Mandatory Minimums Laws just by my case alone, yet so many others are caught in this net of draconian laws.  It is hard when I see murderers, rapists, and violent criminals all getting out of prison, yet even after over 11 years I still have NO light at the end of the tunnel.  Your system is broke with the Mandatory Minimum Laws and I plead with you to change them and make your changes retroactive.  I have already lost over 11 year of my daughters and families life not to mention my own life.  My daughter Heather was only 7 years old when I was took away from her, she is now 18 years old.  I have been a model inmate even though I have a LIFE sentence, with hopes that one day I may benefit from my behavior.  So many others need your help too!!  They have their own stories and so many of them are terrible like mine.  You have the power in your hands to save lives and change to wrong that has been done to me, my family, and many others I have personally seen in the past 11 years.  I simply ask you to do the right thing and help stop tearing lives apart when they don’t deserve to be.  Repeal these Mandatory Minimum Laws, make them Retroactive, so not only the ones that are coming into the system will benefit from the changes, but so that the ones that have suffered so long as myself will benefit from the changes too.  Thank you for taking your time to read my letter, may it weigh heavy on your conscience and God guide your heart to save lives and change the Mandatory Minimum Laws.

 

                                                                                                                          Sincerely,

RICKY GENE MINOR (05037017)                                                                                                             FCI WILLIAMSBURG
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 340
SALTERS, SC  29590

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DAVID PADILLA (36515066)

3/4/2012                                   9:06:42 PM

Change Statutory Mandatory Minimum Laws)

 

To whom it may concern;

     My name is David Padilla I am currently serving a life sentence without parole plus five years for a firearm. I was sentenced under the 851 enhancement after being convicted by a jury in the Eastern District of Pennsylvania. Since I had two prior drug convictions I qualified to be sentence under this statue and therefore, I received the life sentence. There was a ten minute plea negotiation between my attorney and the prosecutor on the day of trial in the court room, in which both parties could not come to an agreement on. Therefore, my lawyer and I decided to proceed to with the jury trial. I would like to brief you on what my criminal history consist of.

     My first arrest occurred when I was 19 years of age. I was arrested and charged by the Federal Government for aiding and abetting the distribution of 13 grams of powder cocaine. I was convicted on the charge and received 5 years supervised release, three years suspended sentence. At the age of 20 was was arrested again this time by Philadelphia Police Department for another drug offense. Since I was on supervised release the Federal Government looked into the case and adopted it Federally. I later pled guilty to possession of 58 grams of powder cocaine and maintaining a building for a controlled substance. I received 5 years for this charge and my supervised release was violated. This, in a gist, is the totality of my criminal history before being arrested on this charge. In which I was arrested for transporting 12 kilograms of cocaine and possession of a firearm. I was 29 years of age when I was arrested on this charge.

     I have now been incarcerated for 15 years and four month’s and in no way I am trying to downgrade or diminish my actions. I know I have committed a crime and there are consequences and laws put in place for individuals that commit these crimes. But, in my honest and humble opinion, no one should have to die in prison for a non-violent drug offense, even more a low-level drug dealer as myself, whom was transporting drugs from point A to point B. During these 15 years of incarceration I have worked on some skills that would make me a successful law abiding citizen in society. I have gone to college and received my Associates Degree in business administration. I am a certified dental assistant/dental technician. I have worked in the dental lab here at the institution of 12 years now and have made partial and full dentures for inmates. I plan to open a dental lab upon my release one day, one of my goals is to donate my time and labor to the elderly whom are not covered by their insurance to obtain new dentures. I already have a business plan in place for the opening of the dental lab. I have also been a mentor here at the institution for the past 14 years, nine of those years had been with a program called R.O.P.E. ( Reaching Out to Provide Enlightenment ). In this program consisted of about 10 inmates that are chosen by the institution staff as being model inmates from a inmate population of about 1300 inmates. We had the opportunity to speak with kids from middle school all the way up to high school. We also have spoken to college students, criminal justice majors out of Rowan University and Psychology majors out of Rowan. But, the majority of the youth were for group homes and came from troubled homes, they mainly came from the New Jersey area but, we also had youth come from Philadelphia and Delaware. Currently, I am on a mentor program called The DC Mentor’s. We speak to the men from the Washington DC area that are coming into the Federal System, we mentor them on the adjustments that need to made in order for them to succeed in the FBOP. At the same time we encourage them to prepare for their release, for re-entry purposes. We give them resources that can help them with that transition, (i.e. C-Sosa). My plans are to continue doing this type of work when I am release, I have  a friend, whom is a Pastor with Calvary Vision out of Philadelphia, who works with the youth and he is anxiously awaiting for my release so I can be part of his mentor program, his name is Pastor Benjamin Rosario.

    Then United States Sentencing Commission recently put to together a 645 page report on The Statutory Mandatory Minimums. I am pretty sure you are aware of this report, what it is basically saying, in the portion of enhanced sentences, is that they are “too severe” or “too harsh”. In the report the Commission agrees unanimously that the 851 should be assessed, especially when it come to non-violent, low level drug offender’s, as myself. With having the opportunity to release non-violent, low-level drug dealer’s means that tax payer’s will not have to fit the bill for inmates that are in their 30′s or 40′s for the next 25 to 30 years. Therefore, saving millions or even billions of dollars for tax payer’s in the long run.

     My wife of 25 years, Lisette, has been by my side during this incarceration, as well as my children and grandchildren. They have been my support system during my whole incarceration and have not lost hope of one day re-uniting with me once again in society. There are statistics that say that incarcerated inmates that are released in their 40′s have little or no chance to recidivate. I know I have armed myself with the proper tools to give myself and my family the best opportunity to succeed in society. Like I said before, I know I have committed a crime and I deserve to be punished, in no way am I diminishing or downgrading my actions, but the question that needs to be asked here is; Does a person with my criminal history deserve to die in prison? My family has prepared a booklet with my accomplishments, letter’s of recommendation’s, and a progress report from the institution here at FCI Fairton. If anyone is interested in obtaining a copy of this booklet please contact me and I will have my wife forward one to you. That you very much for taking the time to read this lengthily letter, I truly appreciate your time and concern, God bless.   

                                                                                                                                                        Sincerely,

 DAVID PADILLA (36515066)

FCI FAIRTON
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 420
FAIRTON, NJ  08320

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ANTHONY HENRY (03850112)

3/5/2012                                8:33:27 PM

Making FSA Retroactive/Changing Mandatory Minimum

 Dear Access Legal Aide, I want to thank you for your help in sending our letters to the members of Congress and others. I appreciate this opportunity for letting the “Voices Of The Incarcerated Ones” to be heard also. Here is my letter to be sent.

Thank you.

 Re: (1) Making FSA Retroactive for career offenders and

      (2) Changing Mandatory Minimum laws

 By way of introduction my name is Anthony Henry. I respectfully type this letter to thank all the United States Representatives and Congressmen and Congresswomen, for all of their laborious work in passing the Fair Sentencing Act (FSA) of 2010. I’m compelled to also extend my regards for taking the necessary steps to direct the United States Sentencing Commission (USSC) to correct it’s policy statements and guidelines table to rectify some of the injustices which are by far unfair.

 I tender the foregoing as it further relates to the laws governing crack cocaine, barring previously incarcerated individuals (who are affected the most) from reaping the benefits of what many other defendants who are incarcerated to those who are forthcoming into the federal system. My complaint lies in two parts, the first being, there should not be any legally profound reason why this significant statutory change does not retroactively apply to everyone across the board; and it should not be a discretionary matter, nor premised upon whether a judge decides to give it to this or that individual when the same is not discretionary for forthcoming individuals.

 I would like to first give a summary of my current situation: On December 11, 1995, I was convicted by jury for the

offense of conspiracy to possess with the intent to distribute a mixture or substance containing cocaine base (not my prior

history if you will ). I was in turn held accountable for the amounts involving more than 50 grams but less than 150 grams

cocaine base. Said amounts attributed a guideline base offense level  (BOL) of 32, but was increased to BOL 37 for reasons of me being characterizes as a career offender. The guideline range for my initial BOL of 32 fell between 210-262 months. Germane to the career offender provision, my prescribed guideline range calls for a sentencing range of 360 months to life. Fortunately for me, the court imposed the low end term of 360 months (30 years).

When imposing said sentence, the Honorable Consuelo B. Marshall stated that this was a “Harsh and Lengthy sentence” for

my case, but that she “had” to go with the law that policy makers legislated. To date, and in the context of career offenders, it is now being stated that a sentence for career offenders are not based upon the amount of crack involved in the case, instead, career offenders sentences depend on the statutory maximum penalties that one is faced. Consequently, I was arrested, charged and convicted for the amounts of 50-150 grams of cocaine base, but because I was considered to be a career offender and sentenced as such, law makers are saying that my sentence is not based upon the amount of cocaine base involved in my case. So to say that I am doing 360 months for my prior record and that my sentence is based upon cocaine base does not make any sense.

 As previously stated, I was held accountable for 50-150 grams of cocaine base. Said amounts under the recently enacted

Fair Sentencing act (FSA) of 2010, no longer triggers a statutory maximum of 10 years to life, but rather a statutory range of 5-40 years. With this being said, I, as a career offender should be

permitted to reap the benefits of this substantive statutory change–a change which would result to my career offender

guideline BOL commencing at 32 as opposed to 37–thus making a difference of 210-262 months instead of 360 -life.

 The million dollar question that plagues the case of my and many others is: If the 100 to 1 crack/cocaine statutory ratio was

unanimously declared unfair, and career offenders along with many others sentences  (statutory minimum and maximums) are substantially affected thereby, then why does this substantive change in statutory law not retroactively apply to everyone (non- career offenders; career offenders’ and those whose sentences were enhanced under title 21 U.S.C. code 851) without regard to it being discretionary applied. This question is further buttressed by the fact that some (those forthcoming into federal system) are now benefitting under new 18 to 1 law, while many others who were

affected most by unfair law are not being equally afforded the same relief stemming from the unfairly enacted 100 to 1

legislation.

 I respectfully and prayerfully implore all congressman and  congresswoman to pass the pending bill (H.R. 2316 introduced by

Bobby Scott (-Va) for the FSA of 2010 to be made retroactive–and enactment which would not only further what the FSA of 2010 was initially designed to accomplish, but to permit EVERYONE who was sentenced under what has been deemed an unfair disparity, to undisceretionary and retroactively benefit from past injustice.

 Suffice it to say, I have spent the last eighteen (18) plus years of my life hoping and praying for some relief– not just for

myself but for all of those who I encounter that has served this amount of time or more, along with our families who anxiously await our return home. As such, there are a multitude of us, who are incarcerated, and to whom can positively give back to our communities through numerous ways. I, for one, have attempted and continue to pursue the implementation of a program which I have orchestrated with the hopes of helping the youth and others get away from gangs, drugs and violence by using others who once had similar like mentalities and experiences (such as myself) to share their stories of change and progression. The program is what I have named: “Criminal Soothsaying”. It is an outreach organization committed to reality of stressing that the youth are important and reared towards altering the mind set of troubled you and others. This movement is designed to deter the youth and others from the life of crime, gangs and drugs. If time permits, I beseech you to please pursue the essence of “CriminalSoothsaying”at:www.Facebook.comfindfriends-email-c_Soothsaying@yahoo.com.  This will indeed give you a better

understanding of what to expect of this program.

 It is a true fact that many people learn from their past mistakes; and that many people do change, I’m fortunate to say that I’m indeed one of them!

 Hence, we urge members of the United States Congress to make and take the necessary steps to make the FSA of 2010 retroactive; direct the Sentencing Commission to make the career offender guideline provisions retroactive; make this change equally and retroactively apply to all that were unjustly sentenced under 100 to 1 ratio without regard to it being premised upon the district court’s discretion; and permit this law to apply to those 21 U.S.C. code 851 offenders, whose mandatory minimums and maximums were increased . Making the FSA of 2010 retroactive would only help to right a wrong and restore faith and equal fairness within our criminal justice system. In fact, thousands of defendants sentenced under the old 100 to 1 crack guidelines remain in prison today, serving a sentence which everyone agrees are undeterminedly and unjustifiably  entirely too long! Forcing prisoners to continually sere such sentences, which Congress, the United States Department of Justice, the USSG and the President of the United States of America has soundly repudiated is anathema to our fundamental system of justice. Thus, I and many other prisoners alike, are in high expectations that all and sundry, coupled with all of Congress do what is the politically correct thing to do  and support the making of the FSA of 2010 become retroactive for everyone without regard to a district court’s discretion. I kindly thank you all in advance, for your time, patience, consideration and most noble assistance.                                                  Sincerely,

 ANTHONY HENRY (03850112)                                                                                                           FCI JESUP
FEDERAL CORRECTIONAL INSTITUTION
FEDERAL SATELLITE LOW 
2680 301 SOUTH
JESUP, GA  31599

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DANIEL LYNN JR BROWN (05609030)

3/9/2012                                  8:06:15 PM

Mandatory Minimums

 

To: Members of Congress and the President

From: Daniel L. Brown Jr.,#05609-030

Subject: Change Mandatory Minimum Laws

      I am asking you to eliminate all Mandatory Minimum Laws. The problem with these laws are that they take the power and discretion from the Judges and put it solely in the hands of the prosecutors. Over the years we have seen this power corrupt many prosecutors. The prosecutorial misconduct is overwhelming. Let us put the power into the hands of the Judges where it belongs. Thank you for your time and consideration in a issue that effects millions of lives.

 

Sincerely,

 

DANIEL LYNN JR BROWN (05609030)

USP TERRE HAUTE
U.S. PENITENTIARY
P.O. BOX 33
TERRE HAUTE, IN  47808

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RUFUS ROCHELL (08628017)

3/10/2012                           3:35:16 PM

Change Mandatory Minimum Laws

 

Clearly our lawmakers new when they implemented these harsh penalties, mainly federal drug laws, they would create a racial disparity among blacks and whites, sentenced for the very same drugs.  In the great majority of cases, blacks are hammered far more severely than any other ethnic group.  The federal prisons across the country house many men and women for small amounts of crack cocaine that have done decades and more, with little chance of relief.  The sad thing is that I happen to be one of these men.  How does 24 years of imprisonment sound to you?  This is the time frame that Rufus Rochelle has done, day for day, on a 35 year sentence with NO chance of parole, because parole was abolished November 1, 1987.

  Furthermore my indictment charged me with conspiracy with intent to distribute 50 grams or more of cocaine base, and count number two alleged possession with intent to distribute 50 grams or more of cocaine base.  Those were the two counts this gentleman was allegedly convicted of by the jury in the Northern District of Florida (Gainesville Division).  There was nothing whatsoever stated against me that placed such a large amount of drugs.  Much less 24 kilos which the judge and prosecutor conspired together and sentenced me for.  It clearly allowed the judge an opportunity to bury me behind bars: 35 years!  Although law enforcement never produced a single grain of crack from me, no wiretaps, no undercover buys, no surveillance.  Nothing other than hearsay all from men and women who were all imprisoned, and received sentence reductions for their testimonies.

  The fact that I have been incarcerated federally, 24 years this May, for the above mentioned is outright ridiculous.  There are many more federally incarcerated for crack, mainly black males and females, who have done decades and will not benefit on the 18-1 crack amendment based on the amount of “ghost drugs” the prosecutors and judges placed on them, mainly to enhance their sentences.

  Racial disparity in sentencing consequences must be stated in every step of the procedure when it comes to blacks being arrested and sentenced, especially when you look at the decision makers– prosecutors and in most case judges that have little clue about our culture, and know nothing other than racial disparities and dislike for us as a people.  Review the sentencing in comparison to other races, especially in drug cases.  Various studies have focused on how whites and blacks arrested for the same offense were ultimately sentenced.  The research found significant black-white disparities in the overall severity of initial charges, but saw the most dramatic differences when examining charges carrying mandatory minimum sentences.  Black men were on average more than twice as likely to be charged by prosecutors with a crime that carried a mandatory minimum sentence as were white men, even after holding other factors constant.  Further, then found that this disparity was largely a result of the prosecutors’ decisions to file mandatory minimum charges against blacks more often than against whites, even when the conduct was the same and the mandatory minimum bearing charges could have been filed against whites.

  Your support is greatly needed to change the disparities within our laws that have many of our family members, friends, and loved ones buried within the prisons throughout our country.  The ones we are speaking of are silent and have no voice and are buried in the belly of the beast; yet you on the outside have a voice and can change things for all of us through voting and supporting people like Ms. Kim Garrison in Washington, D.C., that has a talk radio station, and Dr. Candace Kufia, owner of the Mahogany Review newspaper in Ocala, Florida, and Mr. Bobby Henry who owns the Westside Gazette newspaper in Ft. Lauderdale, Florida.

  Your comments or suggestions are always welcome to the address below:

Thank you and God bless

 

RUFUS ROCHELL (08628017)

FCI COLEMAN LOW
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 1031
COLEMAN, FL  33521

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DUNNING WELLS (03348018)

3/12/2012                                   2:21:06 PM

Change Mandatory Minimum Laws

 

Dear Committee Members,

  I am Dunning Wells and I am presently serving a 41 year 10 month sentence for distribution of less than one gram of powder cocaine. The conviction was based on an informant who stated I provided him with less that one (1) gram of the substance. Because I was in possession of a fire arm I was charged and convicted for both Distribution 841(b)(1)(C) and Trafficking up up to 499 grams of powder cocaine with an additional mandatory 20 years added for possessing a firearm 924(c).

   As a small time addict never in possession of much more that I used, I occasionally shared my drugs with those who befriended me as was the case with this informant. Indeed, that is how I occasionally fed my own addiction. My having a firearm at the time was not to protect any drug stash; rather it was ignorance and stupidity on my part for which I take responsibility.

 Because of the nuances of the law (being pre-Booker) at the time I was convicted, Judge Elizabeth A. Kovachevich at sentencing stated: “I repeat again I think this sentence is just unduly harsh for the crimes committed by Mr. Wells.” Judge Kovachevich, because I had a similar conviction in 1984, could only follow the requirements of the law that prevailed at the time.

  Even though I was convicted of providing less than one gram of powder cocaine, I was sentenced under 841(b)(1)(C) which applies for up to 499 grams. If I had been convicted under 2D1.1, a level 12, mandatory; sentencing would have been 30-37 months. Because of my prior conviction years earlier my mandatory sentence was 262-327 months. Add the mandatory 20 years for possession of a firearm and I am serving  a 41 year 10 month sentence for providing less than one gram of cocaine. Today, the law has evolved to the point that possession of less than 5 grams is a misdemeanor. I won’t try to diminish my own responsibility for what I did 22 years ago, but I truly feel that the sentencing process at the time was, as Judge Kovachevich stated unduly harsh. Today I see Major drug dealers and traffickers come into this penal facility and leave and I remain here as the results of sentencing requirements of years ago.

  Because I’m told it costs the tax payers of this country approximately $25,000 per year to house and feed me, I profoundly feel at my age I have paid my debt to society and would better serve the Country as a tax payer.

 Please consider current laws and cost of the penal system when determining my future and the future of others who are in the same situation. I take full responsibility for my dept and offer no excuses. I do, however, believe that I have paid my dept and can become a productive citizen if released.

 

DUNNING WELLS (03348018)

FCI SEAGOVILLE
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 9000
SEAGOVILLE, TX  75159

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RUFUS ROCHELL (08628017)

3/16/2012                                          9:35:35 PM

Minimum Mandatory’s

 Another Cry For Justice

  On May 31st, Rufus will have been incarcerated for 24 years, for what was called “Conspiracy with intent to distribute 50 grams or more of crack cocaine”. 

  We the readers, friends, and family must understand that Mr. Rufus, as everyone calls him behind bars, due to his great character, and the respect he shows his fellow inmates and the staff at Coleman Correctional Low, that this gentleman was never caught with a single grain of drugs, no wiretaps, nor was there ever an undercover buy made in connection with Mr. Rochelle.

  So where is justice being applied in this case, when this gentleman is sitting in federal prison serving 35 years, and you have drug lords with violence with far less time than Mr. Rochelle?

  It must be further noted that Mr. Rochelle has been very instrumental in helping the community in countless ways.  For instance, during Hurricane Katrina he got with the inmates at Coleman Correctional Medium and came up with a plan to raise money for those victims.  It worked out well.  They raised thirty seven hundred dollars, and it was donated to the American Red Cross, through the radio station 102 Jamz.

  It didn’t stop there for him.  I remember a young lady who was a very popular radio personality– always helping people in the community and abroad.  She died during her first childbirth.  Rufus heard about the situation and held a memorial service for this young lady and the institution allowed them to invite employees of the radio station and others from the community.  Mr. Rochelle got with the other inmates and they raised $1,700 to be placed in a trust fund for her daughter.  These are just some of the examples that Mr. Rufus has been involved with.  He has also published very positive articles in several newspapers around the country.

  Mr. Rochelle has not gotten a single institutional infraction since he has been incarcerated, and staff has nothing but good things to say about him.  Now with all that said, Mr. Rochelle needs each of you to contact your Congressperson, Attorney General Eric Holder, and the President of the United States, Mr. Obama, and ask them to free this Mr. Rochelle.  We love you Rufus, and keep up the good works.

 RUFUS ROCHELL (08628017)

FCI COLEMAN LOW
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 1031
COLEMAN, FL  33521

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TYRONE NOBLE (14382171)

Mandatory Minimums

3/19/2012                                  6:36:21 PM

 Dear Lawmakers:

 I truly feel that it is very unfair for my case, along with others from the Fourth Circuit, to have to deal with the District Court and the Appellate Court panel.  These courts have completely overlooked material factual legal matters pertaining to my case that are based on the laws and Constitution of the United States.  Article III Sections 1 and 1 plainly states:

 ”1) The Judges, both of the Supreme and inferior courts, shall hold their offices during good behavior.”

 This shows beyond a doubt that there are no lifetime appoints.  But still, when a judge can never be held liable to account, how can he/she be trusted? 

 Article III also states:

 ”2)  The Judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States and treaties made, or which shall be made, under their authority.”

 It has been plainly stated and is a well-settled matter that the 21 U.S.C. section 841(b) 100:1 crack/powder ratio is a racial disparity.  I, Tyrone Noble, filed under Blakely on direct appeal and now on Section 2255, proved that Blakely was retroactive under the watershed Apprendi decision, which Blakely extended from.  The Fourth Circuit courts still deny me relief!  I am doing an extra ten years because of an enhancement based on a State conviction which was my first offense and a misdemeanor.  I only did two months as a result of that conviction and was given time served.  That was in 1992 (eighteen years ago!) And now the government uses this conviction to enhance my sentence from 10 to 20 years for a conviction which was based on a plea agreement with the State Court Judge and Solicitor.  The agreement stated that this State conviction could never be used against me in the future for any purpose.  Now the Judge who gave me that plea agreement has died and all of my State records, along with my plea agreement, have been destroyed.  The government knows that my plea agreement has been destroyed, but still uses that State conviction against me.

 This State conviction was for simple possession, a lesser-included offense, possession of less than one gram of crack.  I had evidence in court of being a user and was guilty only of possession and not distribution.  The Supreme Court has held that second or subsequent simple drug possession offenses were not aggravating factors under 8 U.S.C Section 1101(a)(43) when the State conviction was not based on the fact of a prior conviction.  The Court held this in a 9-0 decision with two concurrences.

 So, why doesn’t the Fourth Circuit rule as the Supreme Court asks all courts to do?  The Supreme Court decision in Carachuri-Rosendo states that a Section 844 first offense is not a felony drug offense.  The Court, therefore, concluded that State convictions to which no recidivist penalty was attached did not meet the definition of “aggravated felony.”

 This country and government was established and founded upon God.  Therefore, ultimately, the end result of all of this will end up in eternity.  Each one of us will fact the Death Angel.  Some of us, our souls will be violently snatched from our bodies while others will have their soul gently removed. As all petitions that have come through these Courts of Appeal, District Courts as well as the Supreme Court certainly will end up in eternity.  It is reality that Judges will be held liable to account; there is no way around it.  Eternity is reality; we will all face God. 

 I am from  Columbia, South Carolina and I want to know why wouldn’t a District Court and a Court of Appeals want to give any relief after every branch of this Administration stood before this country and its crack defendants and proclaimed that the 100:1 crack/powder ratio was wrong and that a 1:1 ratio was the only fair ratio?  Why would the same Senate and Justice Department that admitted that a 1:1 ratio was the only fair ratio,that any ratio above this was racially wrong, then suddenly compromise to an 18:1 ratio?  It is wrong to keep some black men in jail and let only some go home or get relief from crack laws while denying the defendants who were sentenced for the SAME CRIMINAL CONDUCT but according to a mandatory minimum!  All I want as stated in every brief or motion I sent to the Court of Appeals and District Court is to be treated fairly by this Fourth Circuit Courts.  All persons similarly situated should be treated alike.  I would like for me, Tyrone Noble, and others like me, be they black, white, and so on, to be treated fairly and the same as in City of Cleburne v. Cleburne Living Center, Inc., 473 US 432, 440, 105 S.Ct. 3249,89 L.Ed.2d 313 (1985).  Appellant’s job under “In God We Trust” is done.  This case has been sealed up by indictment for eternity, So Help Me God!

 I want to sincerely thank you in advance for taking the time to read and consider this.  May God bless you all!

 Respectfully Submitted,

 TYRONE NOBLE (14382171)

FCI ALLENWOOD LOW
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 1000
WHITE DEER, PA  17887

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ALAN D HURWITZ (15816039)

3/21/2012                                            12:36:36 PM

Change Mandatory Minimum Laws

 Members of Congress:

 Mandatory minimum sentences embodied in federal criminal statutes serve no real purpose other than to grow the federal prison population. This results in increased costs, families ripped asunder for longer periods of time than necessary, and the nurturing of ever more socially destructive attitudes by those affected by mandatory minimums.

 Just as the United States Sentencing Guidelines (USSG) have morphed from “mandatory” to “advisory” so too should statutorily mandated minimum sentences be consigned to the trash bin of history. If jurists are entrusted with fashioning sentences appropriate to crimes of conviction after consulting the advisory USSG, so too can jurists be entrusted to fashion appropriate sentences after consulting statutes that pronounce sentences but do not proscribe mandatory minimums.

 Particularly troublesome are mandatory minimum sentences that have precluded certain offenders from benefiting from changes in laws and guidelines. Specifically, the recent, and long overdue, change in the crack/powder ratio for cocaine offenders has not offered any relief for “crack” offenders who received “mandatory minimum” sentences. There is no rationale that can justify that disparity in treatment.

 The solution lies not in simply sanctioning relief for “crack” offenders who received mandatory minimum sentences; the solution lies in repealing all “mandatory minimum” sentences for all offenders thereby allowing jurists to impose appropriate sentences and offenders to benefit from growing awareness of past errors in constructing federal criminal law, i.e., the racist 100 to 1 ratio of “crack” to “powder” adopted in the Sentencing Reform Act of 1984.

 End mandatory minimums!

 Respectfully Submitted

 ALAN D HURWITZ (15816039)

FMC BUTNER
FEDERAL MEDICAL CENTER
P.O. BOX 1600
BUTNER, NC  27509

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EMMA JEAN HARMON (41910018)

4/7/2012                                                     2:47:20 PM

Mandatory minimum Life sentence

 

My name is Emma Jean Harmon, my case number is 8:04-cr-154-t-26map- 11th Circuit Middle District,Tampa Div.

I am currentllly serving a Life sentence on drug trafficking offenses.Sentence under multiple provisions section 3553 and 4b1.1 which us misapplied because 841(b)(1)(A) carries its own penalty for prior convictions therefore neither of these enchancements should have been applied.

There was no conspiracy between me and my husband. When I met him he was selling drugs and so was I. We were married in 1997,Ihad my connections and he had his.Ididnot conspire to distribute 50 grams or more of cocaaine base, we were in separate places and he admitted putting the drugs and fiearms in the home where i was arrested.

Isold drugs to support my expenses drug habit. In 2001 Irelasped and started back using herion,in 2002 i enrolled in the tampa metro treatment center on 80 mg of methdone from jan.2002-mar.2004 day of my arrest.

Our case was tried in with a drug sting operation with other people out of central park project complex due to an informant trying to keep from going to prison. i’ve going into my eighth year was at danbury fci but now am at tallahassee fci.My priors are :sales and delivery of rock cocaine ,poss of cocaine with intent to sell/deliver,carrying a conceal weapon ,all minor and non violent offenses.

I went to trial at the advice of my attorney .I should have been held resposible for my actions and not my husband’s activities. The Gov’t had no jurisdiction over this case ,took on a case from the tampa police dept. vice sqad with its false documents and perjured testimonies. My sentence is harsh ,unjust and excessiver.thesentence is an illegal sentence and unconstitutional because of section 3553(b) and 3472 (pre booker) also under 1984sentence reform act that was repealed.

 EMMA JEAN HARMON (41910018)

FCI TALLAHASSEE
FEDERAL CORRECTIONAL INSTITUTION
501 CAPITAL CIRCLE, NE
TALLAHASSEE, FL  32301

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SEDERICK L REED (38773044)

4/19/2012                                              3:50:34 PM

CHANGE MANDATORY MINIMUMLAW 21 USC841 924(E)

 MY NAME IS SEDERICK L. REED38773044,IM FROM MONROE LOUISIANA IM 40 YRS OLD WITH 10 KIDS AND MARRY.IM WRITING THIS LETTER ON BEHALF OF ME AND MY FAMILY THAT NEED MY SUPPORT OUT THERE IN SOCIETY.I CAUGHT MY DRUG CHARGE IN 2010 OF 50 GRAMS OR MORE BUT I WAS SENTENCE ON FEBRUARY 6.2012 AFTER THE BILL WAS PASS. MY PSI CAME BACK TO 18.39 GRAMS IS WHAT THEY GOT FROM ME .YES, I HAVE DONE WRONG AND IM NOT PROUD OF WHAT I HAVE DID, BECAUSE I HAVR LEFT MY FAMILY OUT THERE TO DEFEND FOR THEMSELVES, WHEN I SHOULD BE OUT THERE DOING WAS IS RIGHT TO SUPPORT THEM.THIS IS THE HONESTY TRUE I GOT  TIRED OF LIVE THAT LIFE ,SO I PRAY TO GOD TO DELIVER ME FROM THAT LIFE STYLE AND HE DID FOR 3 MONTHS I WAS CLEAN.HE BLESS ME TO GET A JOB WORKING FOR MONROE CITY,WHICH FELT GOOD THAT I WAS DOING RIGHT FOR MYSELF AND MY FAMILY,BUT IT WAS TO LATE BECAUSE THE FED HAD ALREADY HAD THE CHARGE ON ME FROM MY PASS FOR THOSE 18.39 GRAMS WHICH I GOT THE MANDATORY MINIMUM 10 YR. MY PSI CAME BACK TO 46 -57 MONTHS . IM ASK PLEASE CHANGE THIS LAW SO I CAN GET BACK OUT THERE TO TAKE CARE MY FAMILY THE RIGHT WAY AS A FATHER AND HUSBAND.  THANK YOU FOR YOUR TIME

 

SEDERICK L REED (38773044)

FCI PETERSBURG MEDIUM
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 1000
PETERSBURG, VA  23804

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EDWARD RAIFSNIDER (10389045)

4/26/2012                                              9:35:18 PM

CHANGE AND REPEAL18 USC SECTION 924(e)

 

Dear Congress Members and Law Makers , the

statute 924(e) is sending 1000′s of  defendants to federal prison  with sentence enhancements  for manditory terms of imprisonment  of 15 years to life ..using predicate offenses of definitions  of crimes of violance rather than  actual violant crimes…eventhough  none of the defendants  actually committed such a crime ..the statute the way it is interpited  AND PROSECUTED  needs to be repealed to include “ACTUAL” VIOLANCE OF THE CRIMES LISTED RATHER ” PREDICATE” INTERPITATION  BECAUSE THE SENTENCING  DISPARITIES  OF SENDING THOSE WHO SIMPLY  WAS AROUND  A FIRE ARM  IN THIER  OWN HOME  OR OWNED BY A FAMILEY MEMBER IN THE HOME THEY ARE SHARING AND APPLYING THIS STATUTE IS UNCONSTITUTIONAL ON ITS FASE..BECASUE WHILE THOSE THE STATUTE WAS WRITTEN  FOR  BY LAW MAKERS …. (“THOSE WHO HAD COMMITTED ACTUAL VIOLANANT CRIMES”).. BUT ONLY HAVE TWO  OF THE LISTED CRIMES IS SENTENCED TO NO MORE THAN 10 YEARS ,,WHILE THOSE DEFENDANTS WHO HAVE 3 PREDICATE OFFENSES  AND HARMED NO ONE..IS COUGHT IN THE WEBB OF INTERPITATION OR THE PREDICATE  FREE WAY BY US ATTORNEYS    ARE GIVEN AN ENHANCEMENT  AND SENTENCED TO 15 YEARS TO LIFE

 EDWARD RAIFSNIDER (10389045)

FCI MCKEAN
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 8000
BRADFORD, PA  16701

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LIAM DELOREY (09832049)

4/28/2012                                                    4:47:25 PM

Change Minimum Mandatory Laws

Since 1983 The U.S. Government has imprisoned hundreds of thousands of men and women into the Federal Prison System using the Mandatory Minimum Requirements for drug and other victimless crimes. Many are first time offenders with little or no criminal history at all. At the same time child molesters, rapists and even murderers are subject to lesser and much looser sentencing guidelines.

America is losing the “war on drugs”. It’s not even a war, it’s a massacre with the American tax payer stuck footing the enormous bill. Not only for the ineffective and corrupt D.E.A. and other governmental agencies but also for the astronomical cost of housing inmates in Federal custody. At a time when the economy and government debt are on the brink of disaster, NOW is the time to take a look at alternate ways to rehabilitate non-violent first time offenders instead of just warehousing them in institutions across the country at the tax payers expense.

NOW is the time for YOU, our elected officials in legislature to repeal the draconian and outdated “Minimum Mandatory Sentencing Guidelines” that is costing hundreds of millions to your constituents. They are flawed. They are unfair. And, they are wrong.

LIAM DELOREY (09832049)

FCI MCKEAN
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 8000
BRADFORD, PA  16701

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GARY J ANDERSON (26703038)

5/9/2012                                            2:17:44 PM

Mandatory Minimums

 

People talk about a fair and just system. Yet our judicial system with mandatory minimums is far from fair or just.

When a sentence is handed down based on mandatory minimums, the sentence is not for individuals, it is for mass numbers. A mandatory minimum sentence doesn’t take into account a persons character or the life they led up to the point of their incarceration and sentencing.

 I worked my whole life. I had a paper route when I was ten years old. When I turned sixteen I started working in retail. I held different positions over the years but I always worked. When I turned thirty-seven I had developed a drug habit. It was a bad time in my life. I started selling drugs to support my drug habit. At the age of Forty I was sentenced to twenty yrs ( a mandatory minimum sentence).

I can’t help but wonder if I had chosen a different means of supporting my drug habit.

Currently I am serving time with individuals who robbed banks, broke into houses, and committed identity theft. All of them have received less time than me. Many of them it’s not their first time in prison.

It’s my first time in prison and my sentence is more sever because of mandatory minimums.

Something is very wrong when individuals who commit violent crimes receive less of a sentence than a non-violent drug offender.

 

GARY J ANDERSON (26703038)

FCI FORT DIX
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 2000
FORT DIX, NJ  08640

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THOMAS ROYAL (40777037)

6/5/2012                              3:04:31 PM

RE: Your Letters delivered to Members of Congress

 

Iwould like to reply on the issue about the manitory miniumlaw in the federal sytem Ihonestly believe that it should be change immediately due severness of certain crimes. There alot of people whohave never been convicted in the federal sytem and it very hard to deal with all that time and having very little knowledge about the federal laws. iam a prime exampleeventhough,I mayhave apast state record.Please take my vote into consideration.

 

THOMAS ROYAL (40777037)

FCI VICTORVILLE MEDIUM I
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 3725
ADELANTO, CA  92301

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EMANUEL CHARLES (13906035)

6/8/2012                                     6:33:42 PM

Change Mandatory Minimum Laws 21(USC841;851 etc.)

 

My name is Emanuel Charles I’m currently incarcerated in federal prison for a drug charge I was charged with P.W.I.T.D. cocaine base 170 grams and because I had a prior drug charge from 20 years ago and it was 17 yearsold when I got sentenced I recieved a 20 years sentence because I didn’t want to cooperate.The people that they wanted me to tell on was on a conspiracy to sell 150 kilos and i got more time than all of them except the leader and I wasn’t even apart of thier conspiracy. I feel that this was wrong for me to get all this time for not wanting to cooperate and for this lil bit of drugs but because the prosecutor has the power to sentence people like this I have to spend the next 17 years and 4 months in prison not to mention I got sentenced june 21 2011 after the FSA was in effect and I was still sentenced 100 to 1 this is the reason that so many people do so much time in federal prison because of how these laws are carried out I don’t know if I can get any relief cause the lawyer that I have acts like he’s scared to death of the government and will not challenge anything I ask him to he does just enough to satisfy the courts and for me not to get back in court on a ineffective claim. Hopefully these laws can change and help me and so many other good people that’s also locked up under these circumstances I have 5 children and I was working at a college in my home town and none of this was taken into consideration.Even if it’s just to save our kids from turning to a life of crime I think that these laws should change help us to give our kids a chance at life don’t just throw ua away and on to the next help us to become better law abiding citizens and not to think the government is the biggest crooks in the game hopefully this letter reaches somebodys heart thanks.

 

EMANUEL CHARLES (13906035)

FCI OAKDALE
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 5000
OAKDALE, LA  71463

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OSCAR HARRIS (44689039)

6/10/2012                            8:32:45 AM

Change Mandatory Minimum Laws(18 USC 924(e);etc).

 

I was charged and sentence for 922(g)(1)/924(e). Being that I went to trial I received 300 months.

My name is Oscar Harris and I move forward in need of your Professional Assistance.

First of all, Congratulations on all that you have accomplished and I applaud your efforts.

I truly appreciate “Letters from Inside” for giving me a voice.

My reason for coming forward is because I’m innocent of the charged offenses. I was charged in the State of Michigan

City of Detroit for being a (felon in possession of a firearm). Originally, the offense was a State offense and then the

Feds picked the case up. However, the action is one of (Collusion) because the prohibited conduct that it takes to violate

a Federal law was never committed by me. According to (28 U.S.C 1359), the Federal District Courts do not have Jurisdiction

over actions that are collusively made.

Furthermore, I never had possession of a firearm period. According to title 18 U.S.C 922(g)(1) “its unlawful for a felon to

possess a firearm in and of affecting commerce”. Under this title affecting commerce is the federal crime and the jurisdictional element that the Court needs to adjudicate a case. However, I never affected commerce and no one ever testified that I affected commerce. The jury was mislead or never told about what was or is exactly a federal crime and whether or not I committed one or not. My public defender failed to notify the court that there was no rational connection between the facts proved and the ultimate fact presumed. Once again, I never possessed a firearm actually of constructively and no conduct of mine hindered or oppressed the exchange of goods and services (Affecting Commerce). Please the slightest bit of your assistance is enough to rectify the wrong brought upon me. At your earliest convenience please respond with your thoughts and concerns and or possible solutions regarding my situation.

 

Respectfully submitted,

 OSCAR HARRIS (44689039)

FCI BENNETTSVILLE
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 52020
BENNETTSVILLE, SC  29512     

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JEFFREY A IMM (07655068)

6/11/2012                           11:17:17 AM

mandatory sentences!

 

i have 2 924 e that are running concurrent . i was sentenced in P.A. W.D.onaug 27 2003 at that time the a.u.s.a. and my attorney and judge schwab had a talk about a pending sentence i had in state court at that time everyone agreed and had no problem if thestate judge ran her time concurrent . on oct 6 2003 i was in state court for sentencethe judge gave me 3.5 to 7 years to run concurrent to fed sentence i was already serving also at that time she gave me a nominal bond on that sentence so the marshalls could pick me up they never did  i sat until july 16 2004in the county jail until finally the records lt. told me i was goingto the state intake prison in pitssburgh  once there the intake officer said he could not accept me cause i was a fed prisoneerhe called the marshalls and was told id be picked up well that never happened i ended up maxing state sentence out mar 31 2010then i was taken to alegheny jail and on april 9 2010 the marshalls picked me up  when i got my sentence computation it said my fed sentence did not start until that day thats where i am at now  stuck! i hope you can help thanks

 

JEFFREY A IMM (07655068)

USP COLEMAN I
U.S. PENITENTIARY
P.O. BOX 1033
COLEMAN, FL  33521
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GARY J ANDERSON (26703038)

6/14/2012                                 9:17:25 AM

Mandatory Minimums

 

20 yrs is a long time. Mandatory Minimums were suppose to put kingpins away for a long time. Instead mandatory minimums are filling up the prisons with low level users. I was a low level, non-violent user and I received a 20 yr mandatory minimum sentence. It doesn’t take 20 yrs to kick a drug habit. But a 20 yr sentence will destroy any chance I had of rehabilitation. Entering back into the job market at 57 yrs old with a criminal record….who will hire me? 

Mandatory minimums are not doing anyone any good if prison is truly suppose to be about rehabilitation.

What has become of this country when someone can receive less time for manslaughter, than selling drugs?

 

GARY J ANDERSON (26703038)

FCI FORT DIX
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 2000
FORT DIX, NJ  08640
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JOHN E STEWART (10624033)

6/25/2012                                      7:33:42 PM

MANDATORY MINIMUM LAWS  21USC841

 

I feel that these laws like the 21:841 were designed for mafia and organized crime.  Life sentences is to harsh of a penalty without any kind of violence in my history.  I was given a life sentence based on three simple possesions.  Even a murder charge would get less time than i have recieved.

 

JOHN E STEWART (10624033)

USP BIG SANDY
U.S. PENITENTIARY
P.O. BOX 2068
INEZ, KY  41224
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PHILLIP SCOTT FURR (22118171)

6/25/2012                                   12:25:13 PM

Mandatory minimums, extrs good time, reestablish

 

To all members of congress,

 

PLEASE CHANGE,

1)Mandatory mimimums

2)Provide extra good time and work credits

3)Reestablish federal parole

 

 

I am writ6ing you this letter asking for congress to please change the laws on how enhancments are used to punish a person for past crimes for which he has already paid in full for.  A 924e and 841 enhancments are to harsh and draconian like laws.  Plus if a person could earn good time and like work credits this would keep violence down in prisons and make a safer working and living enviroment for all people.  This would also ease over crowding issues.

 

THANK YOU,

 

PHILLIP SCOTT FURR (22118171)

USP BIG SANDY
U.S. PENITENTIARY
P.O. BOX 2068
INEZ, KY  41224
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JAMES ELBERT JR ALDRIDGE (17828045)

6/27/2012                                   2:49:38 PM

Mandatory Minimum Laws – Aldridge Advocates

 

“MANDATORY MINIMUM LAWS’-UNQUESTIONABLY UNCONSTITUTIONAL-

 

The Government may not deprive a person of life, liberty, or property without due process of law. U.S. Constitution Fourteenth Amendment, Section 1.

Due Process is not a technical conception with a fixed content unrelated to time, place and circumstances; instead, it is flexible and calls for such procedural protections as the particular situation demands. U.S. Constitution Fifth Amendment.

Mandatory Minimum Laws are clearly, “technical concepts with a fixed content unrelated to time, place and circumstances.”

Mandatory Minimum Laws clearly, denies Judges “flexibility” to issue sentences as ” particular situations demands for mandated procedural protections.

“Unquestionably” Mandatory Minimum Laws are a violation of the People’s Constitutional Right(s) under the Fourteenth and Fifth Amendment, and therein should be the “ULTIMATE” argument for the elimination of Mandatory Minimum Laws, as Congress can “NOT” enact laws that violate the Constitution.

Executive power is vested in the President of the United States and he is required to take care that laws are faithfully executed. U.S. Constitution Article 2, section 1; United States v. Cox, 342 F.2d 167, 171 (1965).

Unquestionably, now is the time for our President to assert his executive powers and strike down the long proven unconstitutional “Mandatory Minimum Laws.

Respectfully,

JAMES ELBERT JR ALDRIDGE (17828045)

MCFP SPRINGFIELD
MEDICAL CENTER/FEDERAL PRISONERS
P.O. BOX 4000
SPRINGFIELD, MO  65801
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GARY J ANDERSON (26703038)

6/26/2012                        6:17:18 PM

Mandatory Minimums

 

I have served five years of a 20 year mandatory minimum sentence. I have yet to come accross anyone that feels my sentence was fair. Most people, when they here that I recieved 20 years will ask, “Did you kill someone??”  I have to reply, “No, if I had I would of recieved less time.”

Mandatory Minimums for non-violent, low level drug offenders are wrong, plain and simple.

I’ve been locked up away from my family for five years. I’ve never been locked up before this. I was 40 years old when I was sentenced. I’ve missed a family reuinion, a funneral and my nieces wedding.

Some will say,” Don’t do the crime if you can’t do the time.” But shouldn’t the crime fit the time?

I can honestly say if I was sent home tommorrow I could get my life back on track, with out the use of drugs. A three year sentence would of been long enough for me.

So my question is this. If I have learned my lesson and I’m ready to get back to being a productive member of society, what is the purpose (the need) for the next additional fifteen years?? Will it be easier for me to find a job when I’m older? No.

Something needs to be done with mandatory minimums. Their not helping anyone, only hurting people who are ready to put thier past behinde them and get on with thier lives.

 

GARY J ANDERSON (26703038)

FCI FORT DIX
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 2000
FORT DIX, NJ  08640  

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GABRIEL LEE GONZALES (17789280)

7/5/2012                                       8:05:41 AM

RE: Change Mandatory Minimum Laws

 

My name is Gabriel, I have been incarcerated now going on 4 years, I came to prison at the age of 21 with a (no seat belt ticket) clean record, had never been to jail before. I admit what i did was wrong and i have learned from it but to think i deserve 188 months in prison is absurd. I recieved a minimum of 120 months for my conspiracy charge and have zero criminal history points. My family and i have been effected by this dramatically, i have rehabilated my self and im fixing to start college at Ashworth University in Norcross Georgia. I would consider you look into this matter. Thank you and have a nice day

 

GABRIEL LEE GONZALES (17789280)

FCI YAZOO CITY MEDIUM
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 5888
YAZOO CITY, MS  39194

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MONROE COLEMAN (01723016)

7/9/2012                                          7:19:29 AM

RE: Your Letters delivered to Members of Congress

 

ALSO NEEDED TO BE INCLUDED IN THAT BILL REGARDING D.C. OLD LAW PRISONERS: THE REMOVAL OF E.G., MY MANDATORY MINIMUM TERM SINCE IT HAS BEEN COMPLETED OR SERVED AND ALLOW ME (US) TO RECEIVE GOOD TIME CREDITS FROM THOSE SECTIONS 22-2404 AND 33-541.  THAT WILL REDUCE MY MINIMUM MAKING ME ELIGIBLE NOW FOR PAROLE INSTEAD WAITING FOR ANOTHER FIVE OR SEVEN YEARS.

 

MONROE COLEMAN (01723016)

USP MCCREARY
U.S. PENITENTIARY
P.O. BOX 3000
PINE KNOT, KY  42635

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MONROE L COLEMAN (01723016)

7/23/2012                                   7:48:53 AM

Your Letters delivered to Members of Congress

 

MANDATORY MINIMUM

 

THE D.C. OLD LAW MANDATORY MINIMUM OF 20 YEARS NEEDS TO BE ABOLISHED BASED ON THE FACT THAT THOSE PRISONERS HAVE SERVED THAT MANDATORY PORTION AND SHOULD BE ALLOWED TO HAVE THAT REMAINING LIFE PORTION OF THE SENTENCE CONVERTED TO A NUMBER: 45, 60, 75 OR 80 YEARS; ESPECIALLY IF THEY HAVE BEEN TAKING ADVANTAGE OF THE REHABILITATION PROGRAMS AND OPPORTUNITIES TO CHANGE. NOT TO PROVE ANYTHING TO ANYONE EVER AGAIN BUT TO  IMPROVE!!!!!!!!!!!!!!!!

 

MONROE L COLEMAN (01723016)

USP MCCREARY
U.S. PENITENTIARY
P.O. BOX 3000
PINE KNOT, KY  42635

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WILLIAM JONES (53578066)

7/23/2012                                    7:17:58 AM

DEAR HONORABLE U.S. CONGRESS MEMBERS

 

I AM ASKING YOU TO GANGE THE MANTORY SENTENCEING LAW FOR 924(C) and 92 4(E), the law is unfair and double sentences for people who have payed their debt to society for pass crimes and it is unfair to enchance citizens for crimes they completed the sentence for as we cannot appeal nor petition the courts and at the sentences for those crimes we were not informed by a lawyer or prosecuter we would be enchance for future convictions..the constitution prohibit such acts upon any american citizens …it is simply unfair and unjust, please consider this thank you …respectfully

WILLIAM JONES (53578066)

FCI GILMER
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 6000
GLENVILLE, WV  26351

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MIGUEL A RIVERA (51388004)

7/23/2012                                         7:02:23 AM

Letter to members of Congress

 

Dear Constituents:

 

I write to you at this time in reference to the need of a change in Federal Sentencing, for violations of 18 U.S.C. Section 924 (e) and the mandatory minimum with in the statutory provision.  For starts, I am a federally convicted inmate for violating Section 924 (e), and for that conviction I am serving 324 months. which is more than 10 years for the minimum sentenced allowed by the Statutory provision.  Furthermore, a change should be made in 924 (e) cause it does not take into consideration the required factors set forth in 18 U.S.C. Section 3553 (a).  As an example I offer my own case.  I was 27 years old when I came to federal prison for the armed Bank Robber of the Savings Of America Bank in Florida.  My sentenced was enhanced to 32 years, from 15 years, cause of my prior convictions and the miss-application of Section 924 (e). Accordingly, Section 924 (e) allows a sentencing court to impose a minimum sentence of 15 years for being a violent felon with three prior convictions. However, when the United States Sentencing Guidelines are applied, this 15 year minimum is now turned into a 30 year sentence under Chapter Four, Section 4B1.4 of the United States Sentencing Guidelines Manual.  At the time of sentencing I was a diabetic  for more than 15 years, a factor that I had informed the Sentencing Judge, and he determined that the Federal Bureau of Prisons can and will take care of my medical condition with no problem.  However, since then, I now suffer from kidney failure secondary to the Diabetes, as well as other Diabetic conditions that affect my eyes and heart. My medical conditions were made more complicated by the lack of a treatment plan for Diabetics in the federal system.  My medical condition was so neglected that I won a Civil Judgment against the Bureau of Prisons in the United States District Court for the Southern District of New York.

 

My point is this, Section 924 (e) needs to be rewritten in that it needs a specific set amount of years that can be imposed by a sentencing judge, no where in the Statutory provision does it say that I can receive a 30 year sentence, I would have done the 15 years, however when you consider the manner in which the United States Sentencing Guidelines are being applied for a Conviction of Section 924 (c) you will take note that it enhances the 15 years allowed to life as a maximum sentenced. No warning was ever given to me as to the actual sentenced I would receive. Now I have no way of seeking a modification of sentence for the enhanced portion of my federal sentence due to the application of 924 (e), and the Guidelines.  In other words, there is no way I can inform the sentencing judge that my sentence exceeds my life expectance and that my medical condition wasn’t cared for by the B.O.P. Nor will I never receive a transplant while I am incarcerated with the Bureau of Prisons. All of these factors were not considered in the enactment of Section 924 (e), my sentenced was enhanced 4 times because I used a gun during a bank robbery, however, the gun was only shown and never actively employed.  For these reasons, section 924 (e) needs to be amended so that the maximum sentenced allowed is only the 15 years stated in the Statutory languish. Amendment 599 to the United States Sentencing Guidelines explains my dilemma, and it is not applicable to Section 4B1.4. Please review what I’ve written and consider an amendment to Section 924 (e).  thank You for your time in this matter.

MIGUEL A RIVERA (51388004)

FMC BUTNER
FEDERAL MEDICAL CENTER
P.O. BOX 1600
BUTNER, NC  27509
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JONATHAN MICHAEL ALEXANDER (31652074)

7/30/2012                           3:05:24 PM

letter to congress

 

Dear Members of Congress,

My name is Jonathan Alexander and in 2007 I was convicted of being a Fellon in posession of a firearm.

In my past i had 3 Breaking and entering charges that were all consolidated and i recieved 8 to 10

months suspended for probation.The federal prosicutor used those charges and inhanced my fire arm

charge and gave me a Mandatory Minimum of 180 months.I do not have an extensive past record and

even though I should have not had  a fire arm I feel like I recieved way too much time.I do believe

there are people that deserve alot of time but I believe Man

datory Minimums keep a Judge from deciding who actually deserves the time.

Thank you for your time……..

 

JONATHAN MICHAEL ALEXANDER (31652074)

FCI EDGEFIELD
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 725
EDGEFIELD, SC  29824
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2 Responses to Change Mandatory Minimum Laws (841, 924(e))

  1. Hi there, just became aware of your blog through Google, and found that it’s truly informative. I am gonna watch out for brussels. I’ll be grateful if you continue this in future. Numerous people will be benefited from your writing. Cheers!

  2. Elizabeth Padilla says:

    I pray ,each night to our Lord that this change can happen, that we can see this dream come to life, for toughs,inmates,that have served 10-15 years ,for a Non-Violent offenses, and have gained their right to freedom. Thank you
    Elizabeth Padilla
    David Padilla sister

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